What can I do if I was in an accident but the at fault driver doesn’t have insurance?

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What can I do if I was in an accident but the at fault driver doesn’t have insurance?

My son was hit by a person that didn’t have car insurance but claimed and provided a fake document to the police at the scene. My son has a concussion and his moped needs to be replaced.

Asked on August 18, 2016 under Personal Injury, Texas

Answers:

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

Answered 4 years ago | Contributor

If you have insurance on the moped and that insurance policy includes uninsured motorist coverage, you can file separate claims through your insurance company for property damage (cost of replacement of the moped) and personal injury.
If there isn't any uninsured motorist coverage, then your son's only recourse is to sue the at-fault party for negligence.  If your son is a minor, you will need to be appointed guardian ad litem in order to file a lawsuit on his behalf.
 Unless the statute of limitations is rapidly approaching,don't file the lawsuit for negligence against the at-fault party until your son completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in his medical treatment where no further improvement is anticipated. Your son (or you if he is a minor) should then obtain his medical bills, medical reports and if applicable documentation of wage loss.  The personal injury claim should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the concussion and any other injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If uninsured motorist coverage is applicable, file the claim through your insurance company.  If the case is settled, NO lawsuit is filed. 
If there is no uninsured motorist coverage, file a lawsuit for negligence against the at-fault party (your son files if he is not a minor or you file if he is a minor and need to be appointed guardian ad litem prior to filing).  The lawsuit should seek damages (monetary compensation) for the medical bills, pain and suffering (an amount in addition to the medical bills), wage loss if applicable and the cost of replacement of the moped.
If the case is NOT settled, your son's lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.
The court judgment against the at-fault party can be enforced with a wage garnishment and/or lien on her property.
 


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