What can I do if my car was hit by a driver with whose insurance was expired and I only had liability coverage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 8 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.