If my fiance was in a car accident that was not his fault but the other driver was not insured, what should we do?

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If my fiance was in a car accident that was not his fault but the other driver was not insured, what should we do?

The other driver got the ticket for causing the accident. Insurance information was exchanged. My fiance’s truck is paid off so we only have liability on it. The other driver’s insurance, we just found out, is expired. We just got the truck fixed a little over a month ago and do not have the money to fix it ourselves again, especially since the accident was not our fault.

Asked on February 3, 2016 under Accident Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your finace's legal recourse is to sue the at fault driver for any property damage and/or personal injuries that he suffered; they are liable for the damage and injuries they cause. However, if they don't have the oney to pay, the law can't make money appear where there is none. Therrfore, if they have don't have sufficient income or assets to pay any judgment that your fiance that you may be awarded, then he will not collect anything.


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