What happens if an uninsured driver hits my uninsured car?
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What happens if an uninsured driver hits my uninsured car?
Some guy drove into the cars at my house. He totalled my dads car but it was insured. However, he hit my car as well which eas not insured. What to do since neither he nor I have coverage?
Asked on October 9, 2010 under Accident Law, Arizona
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can sue the uninsured driver for negligence for the damage to your vehicle. Your damages (the amount you are seeking to recover in the lawsuit) would be the cost of repairs to your car. Your damages should also include court costs such as the court filing fee and process server fee. The problem is that you may not recover much because people without auto insurance usually don't have much in terms of assets.
Since your father had insurance on his vehicle, he can file an uninsured motorist claim with his insurance carrier and his insurance carrier will pay for the damage to his vehicle. Since his vehicle was a total loss, the compensation from the insurance company may be inadequate.
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