What recourse can I take to get my vehicle fixed if the at-fault driver was uninsured?

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What recourse can I take to get my vehicle fixed if the at-fault driver was uninsured?

I was in an auto accident where another car ran into my bumper. He was given a ticket by the police but when I tried to contact his insurance agency, they informed me that his policy had lapsed.

Asked on May 1, 2012 under Accident Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the other driver-that's your only recourse. Certainly, you can first ask him to pay for your damage; but if he will not pay, the only way to force him to would be to sue him and win. You'd have to be able to prove in court, using testimony, police reports, etc., that  he was at fault in causing the accident (e.g. driving carelessly) and that he caused the damage. For smaller amounts, you may wish to sue in small claims court, representing yourself. His insurer is not obligated to pay if the policy had lapsed as of the time of the accident.


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