What steps can I take if I was in an accident and the at-fault party doesn’t have insurance?

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What steps can I take if I was in an accident and the at-fault party doesn’t have insurance?

I have PIP insurance with no collison. I was involved in a accident and the other driver was at fault. My car is a total loss and the person does not have any insurance. Do I have a case?

Asked on June 16, 2012 under Accident Law, Florida

Answers:

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

Answered 9 years ago | Contributor

Since you don't have collision coverage on your auto insurance policy, I assume you don't have uninsured motorist coverage.  If you had uninsured motorist coverage, you could file a claim through your company.  Without uninsured motorist coverage, you will need to sue the uninsured at-fault party for negligence.  Your damages (the amount of compensation you are seeking in your lawsuit would be the loss of your car). Your damages should also include the cost of a rental car.  You will need to mitigate (minimize) damages  by selecting a rental car with a reasonable rate.  If you selected the most expensive rental car you could find, your damages would be reduced accordingly.  When you get a court judgment against the at-fault party, you should enforce the judgment with a wage garnishment. 

 


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