If involved in an accident with a person with no license and insurance and the fault is questionable, what should my course of action be?

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If involved in an accident with a person with no license and insurance and the fault is questionable, what should my course of action be?

I came into in a person with no license and no insurance. Legal action was not taken. However, they decided that it was my fault but I don’t believe it is. What can I do?

Asked on September 6, 2011 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, if you have relevant insurance--e.g. uninsured driver coverage--put in a claim under it; and if the insurer denies your claim, consult in person with an attorney who can evaluate the situation in detail and decide whether you should bring a legal action to challenge that determination. It may be that the only way you can get compensation is via your own insurance, if you have it.

Second, if you don't have relevant insurance, you can sue the other party for any damages (car damage, medical bills, lost wages, etc.), but the question becomes whether it is worth it. If that person has no insurance, it is likely they have little income and few assets; if that is also the case, then even if you sue them and win, there may be no money to collect. That's why claiming against your own insurance--and, if necessary, taking your own insurer to court if they deny the claim--is your best option; your insurer will have money to pay. Good luck.


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