Car Accident- Uninsured driver at fault- Advice please!

[SunnyKayak]

Originally Posted by grandpagrandma

a drunk driver hit us and left and ran butwas
caught,he had no drivers liscense or insurance.we have uninsured insurance coverage,but since he has nothing there is probably no sense to sue. our insurance company will pay for our damages but our car has lost a lot of value since now it was wrecked. what can we do?It was a like new Lexus, which now is valued at $17,000.

Im glad you are ok and sorry you have to deal with this.

I can only give my opinion or anyone opinion is just our opinion as you decide what is best way to handle your legal matters.

Saying that, I think you should go ahead and sue and get a judgment, its not like he going to not have money forever and if anything failure to meet a court order could land him in jail if anything.

[crestliner]

I agree at least you should get a judgement against him and try to garnish his paychecks and any tax returns he may get in the future. Problem is this will require a lawyer and you will have to pay for it. I had an accident with a non insured driver once, Because she had children under the age of 18 I couldnt take her house. What a shame.

[cocaseco]

Originally Posted by MrRational

re filing suit: One of the things the attorney will do is an "asset search".

But odds are that anyone who can't (or won't) pay their auto insurance...
isn't likely to have much in the way of assets to go after
nor much in the way of income to (possibly) garnish.

'tis what 'tis

Maybe not now.....but 10 years from now? Dont let that stop you. Get the judgement and then sit back and wait. Eventually they will want to buy a house or a car and they wont be able to until the judgement is clear.

[reiflame]

Originally Posted by grandpagrandma

a drunk driver hit us and left and ran butwas
caught,he had no drivers liscense or insurance.we have uninsured insurance coverage,but since he has nothing there is probably no sense to sue. our insurance company will pay for our damages but our car has lost a lot of value since now it was wrecked. what can we do?It was a like new Lexus, which now is valued at $17,000.

You could file a Diminished Value claim maybe? Insurance companies don't exactly advertise these and I don't know if it would work with your own insurance company but it might be worth a try? I'm not exactly an expert here but my friend was successful when some idiot t-boned her brand new Audi.