Other driver ran a red light. Hit my car. I didn’t have insurance. What are my rights?

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Other driver ran a red light. Hit my car. I didn’t have insurance. What are my rights?

I was driving with my 18 year old son in the passenger seat. A woman ran a red light and slammed into my car and totaled it. My car already has a salvaged title. The woman at fault was sighted. There are 2 witnesses.

Asked on September 1, 2017 under Accident Law, Utah

Answers:

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

Answered 3 years ago | Contributor

Since you mentioned no injuries, I assume there weren't any. In that case, if the accident was property damage only, you can file a property damage claim with your insurer if you have uninsured motorist coverage. If not, then you can sue the at-fault party for negligence. Depending on the amount that you sue for, it may be possible to file the lawsuit in small claims court. Upon prevailing in the case, you can recover the cost of repairs to the vehicle and court costs. A court judgment against the at-fault party can be enforced with a wage garnishment. 


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