If someone hit my car who had no insurance, how doI get them to fix my damages?

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If someone hit my car who had no insurance, how doI get them to fix my damages?

A lady hit my car. How do I get this persons number so I can get her to cover the damages on my car?

Asked on December 29, 2011 under Accident Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you don't have contact information for the person who hit your car, that will be a problem.  If there was a police report of the accident, it may have contact information for the other driver.

If you obtain her information and if you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim through your insurance company which would pay to have your car repaired.

If you don't have uninsured motorist coverage, you will need to sue the other driver/registered owner of her vehicle if the registered owner is someone other than the at-fault driver for negligence.  You will need to have the summons and complaint (complaint is the lawsuit attached to the summons) served on her.  If you don't know her address, it is possible that the process server can do a skip trace and locate her.

Your damages (the amount you are seeking to recover in your lawsuit) would be the cost of repairs to your vehicle.  You will need to mitigate (minimize) damages by selecting a repair shop whose charges are comparable to other repair shops in the area.  If you selected the most expensive repair shop you could find, your damages would be reduced accordingly.  If you need a rental car while your car is being repaired, the cost of the rental should be included in your damages.  Again, you will need to mitigate damages by selecting a rental car with a reasonable rate.  If you selected the most expensive rental car you could find, your damages would be reduced accordingly.

Depending on the amount of your damages, you might be able to file your lawsuit in Small Claims Court.  Your damages should also include court costs which would be the court filing fee and process server fee.


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