Are there any alternatives to taking an uninsured driver to small claims court?

Question

i am sceptical of my ability to recover repair expences in small claims court, because the uninsured has no job and no assetes...so what is left to do?

Answer 1

If you are in the U.S. and are insured. the first thing you should do is check with your agent/company to see if you have either collision coverage or UMPD (Uninsured Motorist Property Damage) coverage. The UMPD coverage is not available in all states but it's worth checking into.

Either coverage will have a deductible, but it's better than paying for the whole thing yourself.

Assuming that the uninsured person is at-fault for the accident the small claims court procedure will end up with getting a judgment against them for the amount of the repairs. In some states you can add interest to the amount owed.Getting the judgment from the court is not a guarantee of payment. However, in some states you can use that judgment to have that persons drivers license revoked (assuming they have one).

I go after uninsured people for my job and I recommend getting the judgment. You may not get paid right away, but if the other person ever gets their stuff together and tries to buy a house or a car they have to pay you off first. Think of the judgment as a long term investment.

The only other option you have is to let them pay you on a monthly basis. If you decide to do that have the paperwork drawn up and signed in front of a notary public.

Good Luck.

Answer 2

This is why it is prudent to carry car insurance for 'uninsured drivers'. If the criminal has no assets or income, it is a waste of your time to go to court. If you have uninsured driver insurance, file a claim. If not, call your agent and get this coverage asap - before the next uninsured driver does some serious damage to you! (not just your car).

Answer 3

Nothing. Get on with life. That's your ONLY alternative.