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Victim of hit and run however I am uninsured. What are my options?

Mesquite, TX |

Yesterday my vehicle was involved in a hit and run in a parking lot while I was at work. However, there were several eye witness's who were able to identify the license plate of the vehicle. I was also able to obtain a copy of the stores surveillance video of the hit and run accident. I've already filed a police report and in addition the damages are primarily cosmetic. My main concern is my car is uninsured and I wanted to know how that would affect me and what my best option would be? If it matters should I call an attorney immediately? As well as going about and receiving an estimate from a body shop?

I'm sorry I didn't clarify that police were also able to find and prosecute the driver.

Attorney Answers 6

Posted

The fact that your vehicle was uninsured would not bar you from making a claim under the other driver's policy for your damages. You need to get the hit-and-run driver's insurance information and file a claim. Since you have video of the incident and witnesses who got the license plate, you shouldn't have too much trouble persuading the insurance company that their insured was responsible.

This doesn't apply to your case since you weren't injured, but as a point of interest: a Texas legislator tried to get a bill passed that would prevent uninsured drivers from making a claim for anything other than the amount of their medical bills if they were injured in an accident that was not their fault. The thinking was it would encourage people to carry insurance.

Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.

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3 lawyers agree

Posted

When the police find the driver and do a report, get the insurance info from the report and submit a claim to the carrier.

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2 lawyers agree

Posted

The other driver's insurance company should take care of the damages.

This is general advice and does not establish an attorney-client relationship.

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2 lawyers agree

Posted

Simply submit the claim to the other driver's insurance company.

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Posted

Since it happened in a parking lot, you cannot get a ticket, but otherwise you may have gotten a ticket for no insurance even though it was not your fault. If you ever are in a collision that is your fault and you have no insurance, you can have your license suspended.

This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.

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Posted

The best thing for you right now is to file a claim to the other driver's insurance company. They should handle this matter and take care of the damages.

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1 comment

John M O'Brien

John M O'Brien

Posted

Excellent answer from Mr. Cleary

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