what to do if in a car accident and the driver at fault doesn't have auto insurance?

[crrdvr6]

If you have the their info you can sue them personally, however, if they don't have money for insurance...

[VISITOR]

thanks everyone for the helpful suggestions and advice!

[PaulMys]

This happened to a good friend of mine here in NY.

An illegal alien from Guatemala who was drunk with no license side-swiped his truck at 6:52 am (As per the police report which I read).

The result? Both the police and his insurance co. pretty much stated he was SOL.

They said he could try and sue him personally, but the illegal would have probably given a false name and/or would be in another state or out of the country by the time he did.

Granted, he didn't have top-tier insurance because it was his older work truck, but he didn't deserve that at all IMO.

[dlc95]

That sucks, V. Hope it all works out favorable for you in some way.

[tcope]

And as far as the post right above, people who don't have insurance many times are driving on suspended liscences any way and really don't care. In Florida you have to show proof of insurance, they do that then stop paying their insurance.

This happens in every state. There is a system in place (I think its an SR-22 in FL) that _attempts_ to curb this. The court requires that the person have an SR-22 on file. If their insurance stops for any reason, the insurance company is required to notify the state. The state then suspends the person's drivers license until they show proof of insurance again. However, as mentioned, people then simply drive without a valid license. But it's an effort to curb that issue.

What it comes down to is each person needs to obtain insurance to protect themselves.

There are other states that themselves make the matter worse. MI and CA are two that come to mind. See my post above about MI. CA only requires liability coverage up to $5,000. Seriously, that won't address much and truth is, another $5,000 would cost next to nothing.

[2pennies]

In this case, the offender was known to my girlfriend and her neighbors. Poor kid with no money and has no business with a bike. The police even told me that here in RI, I'd be hard pressed to get any money any time soon. They advised me not to even pursue it because they couldn't get anyone to respond to them on 2 separate visits to his house. I kinda gave up hope after that.

[tcope]

In this case, the offender was known to my girlfriend and her neighbors. Poor kid with no money and has no business with a bike. The police even told me that here in RI, I'd be hard pressed to get any money any time soon. They advised me not to even pursue it because they couldn't get anyone to respond to them on 2 separate visits to his house. I kinda gave up hope after that.

If the child was under 18, his parents should be help responsible or his actions. They allowed him access to the motor vehicle as well. The police should have also set up their report so that the child needed to appear in court. A judge should then order restitution to you. Not saying you'd ever collect but the state needs to be working in your favor. I suspect the police did not do their job and/or the court did not do theirs. People get away with things like this... this is why more and more people do it.

Again, IMHO the parents were the first issue. I'm betting the child lives at home. In allowing him access to the motor vehicle and responsible for teach their child how the real world works, they should make the child pay for the damage. Perhaps not pay in money but there are many other ways to "pay". Next the police should have done their job. Next the court should have done theirs.

[theblob640]

I went through the same exact scenario. Got into an accident with another motorist without insurance. I was turning left on a "4-way stop" intersection because all the signal lights were off. Other driver decided to run the red as I was turning left and her reason was "because the semi-truck in front of her ran the red light" so she did it. I was lucky I was hit by her and not the semi truck. I immediately called the police and they came and took both our statements. Police told me she admitted to running the red light and I am most likely going to win the case. She was let go and I had to claim uninsured motorist to get money back.

What irritated me was that she was let go without her car towed!