A man, with no insurance rear-ended me. Can I press charges? What are my options?

Asked 11 months ago - Hempstead, NY

On 12/18, 9:45am a man rear-ended me. He then attempted to flee the scene. I chased him for approximately 2 miles. during this time I called the police & got his plate number. The other driver eventually pulled over asked why I was following him. Informed him he hit my car & then drove off. At which point he stated he doesn't speak english (Man was hispanic). I advised we'll wait until the police arrive. He then made several attempt to persuade me not to involve the police. An officer arrived and took my statement and info. Come to find out he has no insurance (They dropped him on 11/26 for non-payment). His car was towed and he was given numerous tickets. Any way I have a deductible of $1000.00 and repairs are $970.00. Is there anything legally I can do? Maybe Small Claims or anything?

Attorney answers (10)

  1. Craig A. Post

    Contributor Level 17

    16

    Lawyers agree

    Answered . If you have no collision coverage of your own, then small claims may be an option. If the tickets are still pending you may be able to ask for restitution. Contact the ADA handling the municipality where the tickets were issued.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  2. Joshua N. Stein

    Contributor Level 9

    13

    Lawyers agree

    Answered . You can sue him in small claims, get a judgment and try to enforce it. The police should have given him summonses for those violations anyway. If you feel strongly about it, call the officer, find out the hearing dates and show up to tell your side of the story. The judge could order restitution.

  3. John L. Schroeder

    Contributor Level 18

    14

    Lawyers agree

    Answered . You can sue him in small claims but my guess is you won't get anywhere. You will probably have a difficult time serving him and if you do get a judgment a difficult time collecting. Good luck.

  4. Shoshana Kunin-Leavitt

    Contributor Level 15

    13

    Lawyers agree

    Answered . You can pursue a claim against him in small claims court.

  5. Jeffrey Bruce Gold

    Contributor Level 19

    11

    Lawyers agree

    Answered . Small claims is all you got. No fault will cover any medical treatment/lost wages, and your own SUM coverage would cover other personal injury related recoveries if warranted.

  6. Robin Jean Gray

    Pro

    Contributor Level 14

    8

    Lawyers agree

    Answered . You have the option of suing him in small claims court for the deductible and the repairs. You will then obtain a judgment against him. Collecting on the judgment may be difficult since you do not know if he has any assets or anything that you can collect on, but you do have the option of suing for the losses.

    This answer is for informational purposes only. It does not establish an attorney client relationship.
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . You can't press charges, but you can go to small claims court

  8. Sean Cleary

    Contributor Level 18

    9

    Lawyers agree

    Answered . Yes, small claims courts is your best option. Good luck

  9. C. Donald Briggs III

    Contributor Level 20

    7

    Lawyers agree

    Answered . You can file a Small Claims Court action. After you win, you can try to collect from the other driver who may or may not be able to pay you anything.

  10. Kevin H. Pate

    Contributor Level 20

    5

    Lawyers agree

    Answered . See your insurance to see if it is available. If so, they will seek compensation from the other driver and you will likely not be further involved in that process.

    If your insurance is not an option, see the prosecuting authority regarding your options for the government to include an order of restitution as part of the process against the driver.

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