What legal action can I take against an uninjured driver for damages?

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What legal action can I take against an uninjured driver for damages?

I was hit from behind on a busy freeway, first by 1 car, then a 2nd car hit the first car. The owner of first car stated he was hit by 2nd car and pushed into mine. This is not what happened as I felt 2 individual hits from behind. Now we find out that the 2nd car owner has no insurance as it expired last month and this accident occurred about 2 weeks ago. The insurance carrier of the first car that hit me states they still have not decided on liability but are leaning toward the one at fault was the 2nd car. My insurance is taking care of the repairs to my car but I am in need of a rental and do not feel I should have to be responsible to pay out of my pocket for this. What is the point in paying for car insurance when someone without it can get away without paying or being responsible for what I am having to go through. I was the one driving and I know I was hit twice. I even mentioned this to the officer at the site of the accident, but this is not mentioned in his report. The report states 2nd car hit 1st car and it then hit me. Were do I stand with this?

Asked on August 1, 2016 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue a driver that you believe was at fault for any costs or losses of yours that are not paid by your own insurance. (You sue the at fault driver, *not* the insurer; his insurer has no obligation directly to you, but rather is only obligated to pay on behalf of their insured driver if the driver has to pay money, such as due to a court judgment against him). To recover money, you will have to prove in court by a "preponderance of the evidence" (that it is more likely than not) that the other driver was at fault (e.g. driving carelessly) in hitting you. You can do this with your own testimony, if you have no other evidence, and a court will weigh your testimony and any opposing evidence or testimony and decide happened. If the amount at stake is less than the maxmum limit for small claims court, suing in small claims, acting as your own attorney, is a good option.


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