If my son was involved in a car accident that was not his fault but the other driver was not insured, what can he do to recoup his car repairs?

UPDATED: Sep 30, 2022

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If my son was involved in a car accident that was not his fault but the other driver was not insured, what can he do to recoup his car repairs?

The at-fault driver had not paid his insurance premium on the day of the accident; he did pay the day after the accident. The at-fault driver’s insurance company would not pay for the damage on my son’s car because his premium had not been paid. The damage totaled my son’s car was $500; he did not have collision insurance with his own insurer and therefor he is out the $500 and no car. What can be done to get some compensation? No one was injured in the accident.

Asked on December 9, 2015 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The other insurer is not responsible if the insurance was not in place (premium not paid) when the accident occured, and your son's insurer is not responsible if he did not have the right kind of insurance. However, your son can still sue the at-fault driver for any costs or losses (e.g. the $500); just because the other person did not have insurance does not mean he is not responsible to pay for the damage he does--it just means he doesn't have insurance to make the payment(s) for him. For $500, a good option is for your son to sue in small claims court, acting as his own attorney ("pro se").

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.

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