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What if the at-fault driver does not have liability insurance?

Edinburg, TX |

I have insurance and driver's license.
At-fault driver does not have a driver's license .
Please assume I do not have Uninsured Motorist Coverage in my insurance policy.
Damage to car is not totaled. Vehicle is still able to run.
No injures to anyone.

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Attorney answers 9


Contact your insurance company and put them on notice of the wreck. Unfortunately, your options are limited due to the at-fault driver not having insurance. Your insurance company can advise you on your best options according to the type of policy you have (for example, whether or not you have rental reimbursement).


Your options are to file suit against the at-fault driver. Given that he does not have insurance, it is likely he has no money to pay any judgment against him. The end result is you will have to hire a lawyer and pay him or her the hourly rate to pursue your case. Unfortunately, this is all to common. In Texas if you want to protect yourself from this situation, your only option is to carry UIM coverage.

Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.


If the at-fault driver does not have liability insurance, then you will have to try and collect directly from the at-fault driver. If you are unable to work something out with the at-fault driver, you could retain and attorney or file a claim in small claims court (if damages less than $10,000). If you prevailed in small claims court, you could get a judgment from the court. If the at-fault driver still won't pay, you can try to collect on the judgment, but it is unlikely that the at-fault driver has any assets not exempted from collection. With the judgment you could notify DPS and they would suspend the at-fault driver's license until he took car of the judgment (but your driver does not have a driver's license to suspend). About your only cost-effective option is to try and get something from the driver directly.

This answer is not legal advice. Don't rely upon it. Talk to an attorney in your area.


I am little confused about your question - happy to revisit if you provide some additional information. From what I can tell, you were involved in a car accident with an unlicensed driver. That does not necessarily mean that the car he/she was driving does not have insurance. Of course it could mean that or there could be an issue about coverage if the insurance company that insures the car determines that it was not being operated by the unlicensed driver with the permission of the owner. Since you don't seem to be claiming any type of bodily injury, I don't think your lack of uninsured motorist coverage makes any difference. You either need to submit your claim for property damage to the insurance company for the at-fault driver (if one exists); get it paid through the collision portion of your own policy; or go after the money from the at-fault driver personally without dealing with insurance. Good luck.


Your insurance will cover property damage to your vehicle with a deductible. Leave it to your insurance company to go after the other driver.

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.


Hopefully you have collision coverage under your own policy. If so turn the claim into your carrier and ask that they "sue for or collect" your out of pocket deductible. Another alternative is small claims court.

This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-client relationship exists for those reading this answer and readers should contact an attorney of their choosing for legal advice on their specific situation.


Sue the driver if no coverage


From the facts presented, it appears you may have to hire a Lawyer to sue the unlicensed driver. Hidalgo County, Texas where the question originates is still a good Plaintiffs county. If the damages do not exceed $10,000,00, you can file in justice court or small claims court in venue where the accident occurred. You may at the end have to hold on to a judgment against the unlicensed driver to suspend his driving privileges once he does acquire a drivers license and then negotiate with him or her to release his Drivers License Privileges for payment on your judgment. Good luck with your case


Not having the statutorily required liability insurance is a crime. If the police did not cite the other party, you can consider reporting the incident to your Justice of the Peace, who may take the criminal charge. However, that doesn't help you recover damages. A lawsuit in the JP court is quick, easy, affordable, and can be done without on attorney. Ask the JP for the "Small Claims Court" filing procedure. If you obtain a judgment in you favor, there is a series of forms that DPS provides to report the judgment. Once done, the other driver's license will be suspended until he/she pays your judgment in full. Not a bad little tool to take advantage of.

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