What are my options if I was hit by an uninsured driver?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my options if I was hit by an uninsured driver?

I am 21 years old and got into a accident in my mother’s vehicle. I’m not covered by her insurance but I was also not at fault for the accident. I have a written statement saying that the other driver was at fault. A passenger in the vehicle that hit me said he was in the military and had insurance. However, he does not have insurance. How should I proceed?

Asked on September 12, 2016 under Accident Law, Texas

Answers:

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

Answered 5 years ago | Contributor

The problem is that since you are not covered by your mother's insurance, her insurance company will probably deny the claim if an uninsured motorist claim is filed with her insurance company (assuming she has uninsured motorist coverage).
Since your mother is the registered owner of the car, her only recourse is to sue the at-fault party for negligence.
After obtaining a judgment against the at-fault party, your mother can enforce the judgment with a wage garnishment.
Depending on the amount of property damage (cost of repairs) to her car, she may be able to file the lawsuit in Small Claims Court.  If she prevails in the case, she can recover court costs such as the court filing fee and process server fee.
Since you did not mention it, I assume you were not injured in the accident.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption