what legally can someone do if rearended and the party who hit me did not have insurance?

Answer 1

You might want to ask the advice of your insurance company.

Otherwise: When i was hit and the party refused to pay the damages, I sued them in small claims court. Easy process, you defend yourself. Bring visual aids, estimates, chronology of events.

If the damage is over $5K, might want to get the advice of a lawyer.

Answer 2

If you have Uninsured Motorist coverage (mandatory in about half of all states but available in all states) then file the claim with your insurer and let them go after the uninsured party. This won't affect your rates.

If you don't have UIM, you'll have to sue the other driver if they don't pay for the damage voluntarily. If the total damage is below the small claims limit for your state or very close to it, then file in Small Claims Court. Otherwise you'll need an attorney to file suit against the other party. Make sure to ask for attorney's fees as part of the suit so that you get everything that is due to you.

Also, file an accident report with the police and DMV noting the fact that the other party doesn't have insurance. Many states will suspend the tags and license of an uninsured driver until all damages are paid.

Answer 3

First of all if you have collision coverage file a claim under your own policy. If you have uninsured motorist coverage then you will be able to recoup your deductible. If you don't have UIM you will only be out of your deductible. Let your insurance company go after the other guy. If you go and retain an attorney you will end up paying the attorney 1/3 of whatever the judge awards you and don't count on the other person actually paying you unless the court orders his wages garnished and then we are assuming this person works. Remember your insurance company will go after this person for you if you are not in a no fault state because they want their money back. If you are in a no fault state consider the amount of your deductible before you retain an attorney and if it is really worth it.

Answer 4

Hire a lawyer.File suit.Most staes require insurance and people without insurance who are involved in and accident have to post a bond in the amount of the damages if they want to keep their license and tags.Failing them posting the bond their license/tags will be confiscated by the state.This is where the attorney comes in to play.Your attorney will file suit and garnish this persons wages or get a judgement for you to sieze any property the person has to pay for the damages to your car and also attorney's fees and court costs.Though most people who don't have insurance don't have anything to sieze in the first place and get around any judgement by working off the books by getting jobs where they're paid cash and don't pay taxes so they avoid garnishment of their wages.Anyway thats what I know from personal experience,hope it helped answer your question.

Answer 5

small claims court, very simple. Problem is that you have to garnish wages because if they were responsible they would have insurance in the first place. Happened to me, not even worth the aggravation. You'll be LUCKY after months of work to get a cheesy $5 in the mail every few weeks if at all.

Answer 6

File civil suit in small claims court if under 1500. Get lawyer to file if over & put lien on wages in some states

Answer 7

Yeah, best to just suck it up, unless it was a huge amount of damage. You should turn the person in, though, as most states require insurance. Never know, they may have been lying.

Answer 8

You can make some kind of deal with that person (sign an agreement) so if he doesnt respond you can take him to small claims court

Answer 9

Depends on the state... in non-fault state (like mine) you can collect from your own insurance.

Answer 10

You can sue them in a civil court or small claims court.