Liability coverage only but was hit by a new truck and his friend was driving it and both claim no insurance.

Asked about 2 years ago - Tustin, CA

it was their fault but they have no insurance, how can i have my car get fixed? my car is total and not able to drive.

Attorney answers (5)

  1. Richard Andrew Harting

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . consult with lawyer. Report matter to DMV with SR-1 form. DMV will suspend their licenses if they cannot provide insurance. On a new vehicle- most likely financed, insurance coverage is mandatory by the lender. An attorney can also run the vehicle license plate and learn who the lender is, contact lender and get to the insurance coverage. Lastly you can file a small claims action.

  2. Manuel Alzamora Juarez

    Contributor Level 20

    7

    Lawyers agree

    Answered . Report them to the DMV. They will get a letter advising them to provide their insurance policy. If none, then their license will be suspended. Do you have UM/UIM? If not, sue them in small claims court. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  3. Steven Mark Sweat

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . If you were injured, you should retain an attorney immediately. If you were not injured, you should contact the insurance carrier for the truck, open a claim, and have your vehicle evaluated by a reputable body shop. Under California law, you are able to go to the body shop of your choice and are not forced to use the one that his insurance company "recommends".

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  4. Paul J Molinaro

    Contributor Level 18

    4

    Lawyers agree

    Answered . One thing to consider when asking the at fault driver in a motor vehicle accident whether he or she has insurance is that said driver might lie. Steps need to be taken to find the true answer, such as getting the DMV to apply not so gentle pressure on said driver as to cause a truthful divulging of insurance status. Should injury be involved in such an accident, medical attention and legal representation should be obtained.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
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  5. Kevin Coluccio

    Contributor Level 20

    4

    Lawyers agree

    Answered . You will likely need to sue in small claims court.

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