Legal Question in Civil Rights Law in California

I was involved in a minor traffic collision but it was not my fault , fortunately no one was injured but there was significant damaged to the back of the driver side of my car, the person who hit me was driving with an expired license, no insurance and a new used car with no plates. When I called my insurance to file a claim they informed me that I was not covered for uninsured motorists and there was nothing they can do, so this uninsured person is off the hook? My questions is what can I do to get this person to pay for any damages?


Asked on 9/08/11, 8:16 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

[should post under "tort"]. You will have to sue him yourself, in Small Claims court and then you will have a big problem in collecting from him as he probably has no assets and the dealer he bought the car from might also be suing him unless he required him to take out insurance. Normally such policies are only to cover damage to the vehicle. Check with DMV who the registered owner of the car is [perhaps the pink slip has not been transferred and the dealer is still the owner -- usually they do not have to record the pink slip as owner]. Go through your own insurance policy to make sure you do not have UM coverage. If you are still paying off on your car, does your lender have a policy covering the car under which you might collect something [unlikely].

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Answered on 9/08/11, 8:37 pm


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