Visitor Question

Accident With Uninsured Driver…

Submitted By: Daphne (Clute, Texas)

I had an accident with an uninsured driver and I’m not sure how to proceed. My daughter and I were involved in a car crash in San Antonio, the vehicle we were traveling in flipped 2 – 3 times. I currently suffer from a compression fracture of vertebrae in my back from this accident.

The driver that hit us had no license and showed an insurance card that did not even belong to him, it belonged to his girlfriend’s dad.

What are my options to pursue collecting from the one that hit us? And all he received was a citation for no drivers license, was that right? Thanks for your help.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Daphne,

Daphne:

The first

issue to consider is whether or not you carry underinsured or uninsured motorist insurance. If you are not sure you should contact your insurance company immediately and find out. If you do have this insurance you should be able to have your medical bills and related expenses paid.

If you do not have this insurance you will have to seek legal action against the driver. You are probably smart enough to realize if he did not have insurance he probably doesn’t have a whole lot of money you might be able to recover if you sued him.

There is another route you might want to consider. You did not mention if the driver was also the owner of the vehicle which collided with you. Because you mentioned the driver was issued a citation tells us the police were called to the scene.

If you do not already have a copy of the police report, you should get one. The Police Report will list the owner of the vehicle. If the owner has insurance you should be able to proceed against her in the same manner in which you would the actual driver.

If the driver did not have insurance you may need to take legal action.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 12, 2011

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