What can I do if my car was hit by a driver with whose insurance was expired and I only had liability coverage?

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What can I do if my car was hit by a driver with whose insurance was expired and I only had liability coverage?

My car was parked in front of my house and got hit by a drunk guy and his brother around midnight. They tried to leave but they couldn’t because their car was not in driving conditions. The cops get there and make a police report plus the next door neighbors saw everything and were more than happy to cooperate with police and in the future if needed. Since their insurance is expired, the insurance company will not take care of it. My car only has liability insurance, so my insurance will not take care of it. I tried contacting the guy but he is not cooperating. The blue book value of the car is a little over 3k. What should I do?

Asked on June 12, 2015 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you did not purchase collision insurance and the drunks don't have liability insurance (their insurance was expired), all you can do is to sue them for the damage to your car. If you win--and from what you write, you likely will, though you will probably want a police officer (if possible) and one or more of your neighbors to testify, to back up your testimony--then you will get a judgment against them which they have to pay. If they refuse to pay after that, you can garnish the driver's wages, put on a lien on his house, or have the sheriff or court officer levy on his bank account or execute on (seize and sell) some of his property. For $3,000, you are most likely best off suing in small claims court, acting as your own attorney to save legal fees.


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