What options do we have when being hit by uninsured and unlicensed driver was driving with no license?

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What options do we have when being hit by uninsured and unlicensed driver was driving with no license?

My grandson was rear-ended by driver who did not have a license. Her vehicle was impounded. Either she or the owner of the vehicle told police the vehicle was covered by insurance. They had no insurance. What are our options? We cannot afford the deductible at this time to get the vehicle fixed as we are currently dealing with another accident that our daughter was also rear-ended and again the other driver, a DUI, had no insurance either.

Asked on July 29, 2017 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you don't have your own insurance which which would cover the car damage (e.g. collision coverage), your only option is to sue the other driver (who would almost certainly be found to be at fault, since she hit your grandson from behing) and hope that she has the money to pay any judgment against her. The problem is that people who don't have insurance often do not have it because they don't have enough money for insurance and/or they have so little to protect from a lawsuit that it's not worth having insurance; you could sue her, win, and still be unable to collect any money. But without you or her having insurance, there is no other way to attempt to get compensation.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you don't have your own insurance which which would cover the car damage (e.g. collision coverage), your only option is to sue the other driver (who would almost certainly be found to be at fault, since she hit your grandson from behing) and hope that she has the money to pay any judgment against her. The problem is that people who don't have insurance often do not have it because they don't have enough money for insurance and/or they have so little to protect from a lawsuit that it's not worth having insurance; you could sue her, win, and still be unable to collect any money. But without you or her having insurance, there is no other way to attempt to get compensation.


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