What to do if involved in a vehicle accident where the other person’s at fault but is unlicensed and not on the insurance policy?

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What to do if involved in a vehicle accident where the other person’s at fault but is unlicensed and not on the insurance policy?

Asked on October 2, 2012 under Accident Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The first step is to review your policy.  If you have uninsured or underinsured coverage, you need to file a claim with your carrier first.  Once you file the claim, then they will often file a suit against the other driver to recoup their losses.  This is a way to get legal assistance for free via your policy.   If you do not have this type of coverage and the other person is refusing to pay for your damages, then you will need to hire an attorney that has experience in car wreck cases.  If you can get a copy of the report that was written and the citation to the other driver for no insurance and no license, then that will help the attorney get your case moving faster, because they will know exactly who to file the suit against.  If you don't want to jump right into a lawsuit, considering having them just send a demand letter on your behalf.  Sometimes this works as a catalyst to get the other party's attention.  If they do not respond, then you can make the decision on whether or not to go forward with the lawsuit. 


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