Who pays for expenses due to a car accident with an illegal immigrant? (See details)?

Question

The other driver was at fault; she was arrested and given multiple citations, but she is an illegal immigrant with no ID and no insurance. Now I have to pay a $500 deductable, buy a new car seat (for our baby son), pay over half the cost of a rental car, plus my wife and I will need to take time off of work.

How can I sue somebody who is a phantom in society? Do I go after the owner of the vehicle? And can I reasonably expect a judgement against the vehicle's owner?

Answer 1

the only issue I see is that there is no insurance.

if you have real insurance, and the other driver is at fault, and is not insured, then you would not have a deductible.

your insurance would pay it, and then it is THEIR problem to go after the uninsured motorist. probably part of your premium is specifically to cover uninsured accidents such as this.

because of that, I think you are either:

   - trolling about illegal immigrants and making it up

   - not sharp enough to actually read your insurance policy and see what it says and negotiate forthwith

as for your rental coverage, or any other limitations on your policy, you chose that of your own free will. you essentially gambled that by paying less (and maybe with a crappy insurance company) nothing bad would happen, or if it did, you would deal with it at that time.

well, now is that time.

    

Answer 2

Bummer isn't it?  You can try to go after the owner of the vehicle in small claims court.

Answer 3

You can try to sue the owner of the vehicle. But if the vehicle was stolen, then you're kind of SOL in this situation.

Stuff like this makes me wonder why she wasn't detained and held for deportation - since being in this country illegally is a felony offense.

Answer 4

I would try to hit the vehicle owners insurance.  

Answer 5

It's the same situation when an uninsured driver hits you; whether legal or not. It sucks but hopefully this lady gets deported and you should think about getting "uninsured drivers insurance." This will prevent you from having to pay a deductible if an uninsured driver hits you......

Answer 6

I would go after the person who was insuring and registering the vehicle at the time.. It's up to the owner of a vehicle to secure their vehicle  and not let people who are not licensed to operate it drive it all over.. Just because it was an illegal driving doesn't mean it was a stolen car(as implied by a previous answerer) many people who are legal citizens let their family drive their vehicles while their family is here trying to make a new start.....If there was no report made that the car was stolen then most likely that claim wont hold up in court if they try to say so as a defense as to why they shouldn't have to pay..but clearly the owner of the car is at the very least guilty of negligence because they knew that being an illegal you cant obtain a proper license

Answer 7

Go after the vehicle owner. If the car is insured you should be able to have them pay. It's the owners fault for allowing an illegal uninsured immigrant to drive their car. If the owner did not give the driver permission then I might be much more difficult to get their insurance company to pay.  

Answer 8

That would be you, sorry for your misfortune.  Our Politicians really need to get down on these illegals..........they ARE causing a lot within this Country and it is NOT RIGHT in any way.

Answer 9

if the owner of the vehicle is not the person that was driving yes, go after him. he can be cited for allowing an uninsured driver use his car (they can tow it and auction it off) take the owner of the car to small claims and he will have to pay you. and contact homeland security and make sure the driver is deported.