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If you get in a car accident and the other driver doesnt have insurance and they are at fault of the accident what happens? When the police came and ran the insurance and the other driver didnt have insurance shouldnt he have arrested her or gave her a ticket? Im in Texas

2007-08-31 13:25:22 · 6 answers · asked by K!M 1 in Business & Finance Insurance

6 answers

Well, I'm in Texas too. Go Texans. Go Matt Schaub. We'll see.

You can do one of two things - you can file the claim with YOUR insurer, and let them chase after the guy, if they can. Or you can sue the guy directly for your damages.

The arrest or ticket thing is irrelevant, from your point of view. Here in Houston, there are TONS of people driving here illegally, uninsured, and they don't even ask if they're in the COUNTRY illegally. Which means, if the person you hit HAS nothing, or is here illegally, or doens't even bother to go to court, you'll win, but you won't get a dime anyway.

I'd just file with my own insurer, and let them worry about chasing the money.

2007-08-31 15:20:02 · answer #1 · answered by Anonymous 7 · 0 0

I know insurance laws in Texas are somewhat different than many other states. I don't know if you're a no-fault state or not. In most states, uninsured motorist coverage only covers you if the at-fault driver is uninsured and you are injured. If you have collision damage, you'll either need collision coverage (which normally includes a deductible) or a special form of uninsured motorist coverage that specifically covers your vehicle damage--with a deductible. If your company pays a claim for you, they'll go after the at-fault driver but don't hold your breath. Most uninsured drivers are that way because they don't have the money to buy insurance, so they won't have the money to pay your damages either. In either case, in a mandatory insurance state, the uninsured driver would be ticketed and could forfeit their license and vehicle registration (license plates) for up to 2 years or longer and then would have to pay a hefty fine to get them back. Best bet is to call your insurance company, if you have the coverage to take care of your damages, and let them handle it for you. It can get complicated.

2007-08-31 15:15:57 · answer #2 · answered by Yo' Mama 4 · 0 0

Usually the officer will give the other driver a ticket for not having proof of insurance. If the person brings proof of insurance to court, the ticket is usually dropped.

If the other person does not have insurance, contact your insurance company and notify them that you have an uninsured motorist claim.

Your company will have to get written verification that the other person does not have insurance. Once they do that, they will be able to handle the um claim.

2007-08-31 13:30:09 · answer #3 · answered by Boots 7 · 1 1

Depends on the State. Sorry can't answer for Texas. Here in Georgia, yes, they would be arrested and the car impounded

2007-08-31 13:31:49 · answer #4 · answered by Anonymous · 0 0

you can sue her directly but if she doesn't not have insurance then she probably doesn't have any money. They probably issued her a citation, especially if she was driving uninsured

2007-08-31 13:30:43 · answer #5 · answered by Domino 4 · 0 0

He could have done either or both.

2007-08-31 13:31:55 · answer #6 · answered by DrIG 7 · 0 0

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