If my car was parked and uninsured but was hit by and an insureddriver, who pays for the damage?

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If my car was parked and uninsured but was hit by and an insureddriver, who pays for the damage?

Asked on November 14, 2011 under Accident Law, Massachusetts

Answers:

Henry Lebensbaum / Law Office of Henry Lebensbaum

Answered 10 years ago | Contributor

You can sue the uninusred driver and owner personally, you can file a claim with your insurer, and sometimes you can file an action with the owner where you parked.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unless you can establish the owner of the vehicle that struck your uninsured vehicle and or the driver of the vehicle you unfortunately will have to bear the costs for repairing the damage to your vehicle. The simple reason is that you have no insurance for your vehicle. Had you insurance, you might be able to make a claim for its repairs.

Most states require that all vehicles driven on the public roadway be insured for at least damages caused to another person. Unless you can discover the offender, you bear the costs for the car's repairs.


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