If the driver who hit me didn’t have insurance, what can I do?

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If the driver who hit me didn’t have insurance, what can I do?

I was hit from the rear while at a stop light. The driver who hit me,gave police her insurance information. This happened on January 11. On January 23. I was told that the driver was not covered by the insurance company that she had given. My car was totaled,and at the time, I had no insurance either. What can I do, to have her pay for my car?

Asked on January 24, 2017 under Accident Law, Texas

Answers:

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

Answered 4 years ago | Contributor

Your only recourse is to sue the at-fault driver for negligence.
Your damages (monetary compensation you are seeking in your lawsuit for negligence) would be  the value of your car.
After prevailing in the case and being awarded a court judgment, you can enforce the judgment with a wage garnishment.


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