What is the best thing to do when an un-insured driver hits you and you only have liability coverage?

Question

I was hit July 16th behind my rear passenger door. I drive a chevy malibu 2000. The driver's policy was cancelled 12 days before the accident. I was told to repair my car I would need to take him to small claims court. What is the best option I would have? Would I even win because by law you are not allowed to even drive an uninsured car therefore he should have never been on the road?

Answer 1

Call your agent.

Usually the state requires you to carry liability and Unisured Motorist Coverage.

Call your agent and find out if you have uninsured motorist coverage on your policy. If so, this why you pay premium for the coverage.

Answer 2

Get a good lawyer. However if he could not afford insurance

what could you possible get from him.

Answer 3

Talk to your insurance agent, who will probably tell you that you will have to prosecute your claim against the other driver yourself.  If he isn't willing to settle, you will have to sue; small claims court is probably suitable, depending on the amount of damage.

Answer 4

Just because his policy was cancelled doesn't mean he is poor.  The only way you will be able to recover the money you have lost is to take him/her to small claims court.  That is the best option you have, and you will most likely win.