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Rear-ended have no insurance other driver at fault

Indianapolis, IN |

I was rear-ended on my way to work in the morning police towed my (driveable) car cause of no insurance. Other driver admitted fault several times to me and my boyfriend who I had called to the scene. I was ticketed also for no insurance. I get home and call the other drivers insurance company(AmFam) and turns out that he was uninsured and gave false info. What do I look forward to besides a fine and 90-day license suspension. My car had some damages but how do I collect? Do I have to send police report to BMV?

Attorney Answers 2


Usually, you look first to the other driver's insurance and second to your uninsured/underinsured insurance. You may need to check with DMV or hire an investigator to figure out who his insurance company is. If you're both uninsured, small claims court may be your best bet because it will not require an attorney and will get you a judgment. Once you have a judgment, you can garnish wages and bank accounts.

Some states have attorney's fees provisions for smaller claims. I do not know if Indiana is one of them, but you might call an attorney to find out. Most injury attorneys will give you a free phone consult.

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In that neither of you had insurance, you will need to pay for the repairs to your car yourself, and then take the driver of the other car to small claims court for reimbursement of your damages.

It is not a bad idea to file a police report. Follow the directions on the form.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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