What are my options?

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What are my options?

a Company truck pick-up hit my moms car and the police report declares they are at fault, but they do not have insurance. What are my options?

Asked on November 7, 2017 under Accident Law, Alabama

Answers:

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

Answered 6 years ago | Contributor

If your mother has uninsured motorist coverage, she can file a claim through her insurance company for property damage (cost of repairs to her vehicle).
If she does not have uninsured motorist coverage, her only recourse is to sue the company (registered owner of the truck) for negligence.  Her damages (monetary compensation she is seeking in the lawsuit) would be the cost of repairs to her vehicle.  Depending on the amount of her damages, she might be able to file her lawsuit in small claims court.  In addition to the damages (cost of repairs), upon prevailing in the case, court costs can be recovered.  Court costs include the court filing fee and process server fee.
If your mother has uninsured motorist coverage and files an uninsured motorist claim through her company, her company will sue the at-fault party for the amount it pays on her claim.
I assume that your mother was not injured in the accident since you did not mention any injuries.


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