Car wreck caused by an uninsured driver.

Asked over 1 year ago - Arab, AL

My daughter was rear ended by another driver stopped at a red light. A cop was there at the time and saw the wreck. He wrote up the report and then this person said he had car insurance. But when we filed with his insurance company he said he had, we found out he did not have insurance at the time of the wreck. What can we do about this?

Attorney answers (5)

  1. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . For your property damage, the first option is to go under the "collision" coverage in your own policy. You will be out a deductible, but usually your insurance will make some attempt to recover that from the other driver. You can also request that directly from the other driver or sue in small claims court.

    If you don't have collision coverage, you may still have uninsured motorist property damage coverage, which will pay some amount for the car. However, if you have neither of these, you will either have to get the money from the other driver by agreement or suit.

    If your daughter was injured, hopefully you have uninsured motorist bodily injury coverage which will pay her medical expenses, lost income and pain and suffering. Otherwise, again, you will need to recover this from the uninsured driver. You may want to call a good Alabama personal injury attorney for a free consultation.

    Good luck.

  2. Mark Christopher Wolfe

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . Mr Roesthall and Mr Schwimmer have provided excellent advice. If your daughter did not have insurance on her car, then you may be able to pursue this matter through Small Claims Court without an attorney. I am attaching a link to our web site which has a Auto-Crash Resource Center with info about Ala laws for auto-collisions and on the Publication page is a link to our Guide for Small Claims Court that can be downloaded at no charge. Good luck and if you have further questions, please consider consulting with an expereinced auto-crash atty.

  3. Jeffrey Ira Schwimmer

    Contributor Level 19

    5

    Lawyers agree

    Answered . As regards any property damage claim you had, get that resolved through your own insurance policy/company if you have "collision coverage" for your car. As for any injury claim your daughter might have, file an "uninsured motorist" claim through your policy as well. It would be best to retain a locale attorney to pursue that for you so that you can maximize any recovery your daughter is entitled to.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Report it to your insurance company to resolve, or small claims court.

  5. Ed Howard

    Contributor Level 9

    Answered . The other folks have given good suggestions. You may want to file an SR-13 with the state DMV which may help motivate the at-fault driver to pay for your car damages. And of course report the accident to your own collision carrier so they can investigate. They also have ways of further determining whether there is any applicable coverage, for instance, if the driver gave the wrong information. If any injuries arise to your daughter, your own policy may have uninsured motorists coverage which may apply. Even if not, your collision carrier (your insurance), if they pay to have your car fixed, may try to collect back from the at-fault driver, and sometimes they can try to get back your deductible, too. Talk to a local lawyer!

    The Alabama Rules of Professional Responsibility direct that I state that no representation is made herein that... more

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