what happens if someone gets in a auto accident with no ins.?

Question

I was hit from behind at a traffic light, nothing major happened to his truck, but my ford focus got pretty bang-in. It turns out the other driver doesnt have liability ins. What can happen if I sue him for damages?

Answer 1

Well, you're in the driver's seat on this one, so to speak. First off, if you have Uninsured Motorist coverage, you'll be covered by your insurance company; just file with them. If you have collision coverage, file with your insurance company. In both cases, your insurance company will go after the other driver. This lets you off the hook for dealing with that hassle.

If you don't have either UIM or collision, you're going to have to sue, either in Small Claims Court or through the regular courts.

OK, the other guy isn't so lucky. He already faces fines and possible loss of his license for driving uninsured. He also faces forfeiture of his truck in some states. When he's sued for the damages, any assets can be liquidated to pay the damages and he may also have his wages garnisheed to pay the court ordered damages.

In many states, if you cause damage while uninsured your license and tags will be pulled (suspended) until all damages are paid. This is an open-ended suspension; I have a family friend who has been without his license for over 20 years because of this.

Once he get's that cleared, he's going to have to provide certification of insurance through SR-22s for several years. This is an expensive hassle.

Make absolutely sure that you file accident reports with the DMV, the police department for the jurisdiction where the accident happened, and your insurance company. Most states have a damage "floor" above which reports are mandatory. Typically this is around $500 - $1000 and anything more than an extremely minor fender-bender will exceed that amount. Any accident involving injuries of any kind must be reported regardless of the value of the property damage. This will start the ball rolling against this person as well as fulfill your legal obligation to report the accident.

Answer 2

In New York, any accident over $1,000. requires a report be filed on MV Form 104. Either the police or the two parties can do it.

Did you call the police to the accident scene and if so, did they take a report? If not, you really only have 1 recourse (unless you try to sue...but why waste your time in court?)

The recourse you do have is to subrogate the claim to repair your car with your own insurance company.

You have an auto insurance policy in force and it is designed to cover collision and liability in the car you drive. You have this right as a policyholder, to file a claim to cover the cost of repairs to your vehicle, no matter who was at fault.

Your company will cover the cost of the repair and then subrogate the claim against the other person's insurance company for reimbursement.

In this case your auto insurance premium shouldn't increase if you can demonstrate the other party was at fault.

Answer 3

If he doesn't have liability insurance then he is personally liable for the damages - as other answerers have said - you will have to pursue him through the courts, and bear the costs of doing so:
unless 1) he is a nice guy with enough integrity and honesty to take care of this on his own -or- 2) you have uninsured motorists coverage, in which case your insurance company will pay you, and pursue him themselves.

If he was driving without liability insurance -in most - if not every State in the US - this is illegal. So in addition to the property damage liability he faces violation of the motor vehicle code -a criminal offence- he could face fines, or forfeiture of his license to drive, or his vehicle registration

I hope you filed a police report before you left the scene of the accident. But I know that you probably wouldn't be asking this question if you had - the police officer who took the report would have explained this -- so, without a police report - it will be your word against his when it gets to court. If he doesn't have enough integrity to take care of this on his own, he is probably not above lying to the court as well.

If you take him to court Make sure you have your evidence -- including pictures of both vehicles, and the testimony of witnesses.

Answer 4

u are pretty much on your own, if you sue for damages it depends on what property he may have that can be attached, the cost of suing him will be far more that what you can possibly recover, let's assume that your insurance pays the bill for your damages, u will be left to pay say 500 bucks for yr deductible, but the cost of suing him will be far far more unless u are an attorney, in which case you wouldn't be asking this questions:)

make sure that you file a police report, report it to the DMV et etc..good luck

my 2 cents: u have far better things to do in life then try a sue a scumbag! forget it as a bad incident..and enjoy the summer!

Answer 5

Try to call the person and see if you can get some kind of payment out of him. That's what I did. But I only had a cracked bumpercover. I agreed to get the bumper and he paid for it. I paid to have it installed. A little threat with a Lawyer did the trick.
Good Luck ! Trying to sue will cost you too much and may not get you anything.

Answer 6

The court costs are probly more than the cost of the Ford Focus you drive.

Answer 7

I met a woman as quickly as that hit a deer sooner or later along with her vehicle totalled it then totalled her husband's truck the subsequent hitting a moose . the two no longer her fault with the aid of fact the animals jumped in front of her from spots she ought to no longer see them. desire your husband is nice . the female replace into ok yet in user-friendly terms a sprint shaken up

Answer 8

did you fill out a police report/ if so he should be arrested for diving w/out ins but your insurance company can take him to court for you on your behalf

Answer 9

will face a ticket and violation due to insurance is a california law