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Question about those without insurance

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SierraLee

Junior Member
What is the name of your state? Illinois
I'll start off with the background story involving my accident, but my question is just a general one about lawsuits.
I was in an accident where a drunk driver ran through a red light and i hit him. It turns out that he isnt the owner of the car and has no drivers license, so i'm guessing he doesnt have insurance on the car. My car was totalled in the accident, so my insurance will have to cover everything. However, a friend of mine in an accident with an uninsured driver received only $3000 from his insurance toward another car which was worth more than double that amount.

I'm 17 years old and I still attend highschool, and i know next to nothing about lawsuits, so I'm wondering how things work out. If my family were to sue this other driver for the cost of my car and medical bills, and this family is not able to pay.. how do things work from there? Will i be wasting my time and money on lawyer and court fees and such? This is what my parents have told me, but that just does not make sense to me. How can we have no way of getting the cost of our car back when none of this was my fault? What happens to the other driver if they are not able to pay? or is there a way that they have to pay?
 


FlyingRon

Senior Member
You start with your insurance company. If you have collision coverage on your car they will most likely pay and go after the other driver for you. If you don't, and your car is within the small claims court limit, the easiest way is to go to small claims court. You don't need a lawyer to do that (and one is usually not even allowed). There is frequently someone at the court house who can help you with the filing. You may wish to subpoena the police officer who did the arrest. A copy of an appraisal of your cars value (blue book or something else) will be helpful in affixing the damages.
 

NJInjury

Member
Don't "guess" that he doesn't have insurance...what does the police report say? Does the owner of the vehicle have insurance on the car?

good luck
 

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