An uninsured driver totalled my parked car what do I do?
You would have to take her to small claims. Hopefully, you got her license plate number . And a police report.
You can send her a letter of demand. If she doesn't pay you, You will have to sue her..... and win....and if you win, you will have to collect. A person who drives without insurance is probably not going to be responsible enough to pay you and if you sue and win is not going to pay you either. Solution for the future: Buy insurance collision coverage.
Since you only have liability insurance, you are on your own here. The lady that hit your car is liable and since she's uninsured, you will have to sue her. Chances are, if she doesn't have insurance she probably has no money anyway. Even if you win the lawsuit you may never collect a penny from this deadbeat.
The good news is that the police found her. The bad news is that you found out she had no insurance and you only have liability insurance, so your only option is to sue her. But the problem in suing is collecting, since the judge will issue you a judgment, but many times, you are unable to collect. Now, since the police came to the scene, you will have a police report, that will list the ladies drivers license and plate number. Now, with the police report, I "think" you can go to the DMV and report this against the lady? In most states, with no insurance, the DMV can suspend her license and her registration till she pays you for your damages. If you can't do it yourself, then see if the police or your insurance company reports this to the DMV.
Obi Wan Knievel
If you have uninsured motorist coverage on your policy, and if it covers damage to your vehicle, now is the time to use it. Some jurisdictions include that coverage as part of the minimum package, and some don't. Since you didn't mention where you live, it's anybody's guess. You can always sue the owner of the uninsured vehicle, but don't expect to be paid right away. People who drive uninsured vehicles usually don't have tens of thousands just sitting around. You'll win the case in court no problem, but it will probably take a long time to get paid. When you only purchased the minimum coverage, you said "I'll cover anything else myself if it happens" and signed your name under it.
You would have to sue her. Even if you win, you might not be able to collect if she doesn't have any money. If all you have is liability coverage, your insurance isn't going to pay anything.
Only way is to take her to court which won't solve your immediate problem.
Ninefinger is a Pedophile
Do you carry uninsured motorist coverage? If so, that would cover your damage. You would need to sue her in Small Claims Court and get a money judgment. In SOME Courts a Judge who hears a hit and run case will order restitution.
She has no insurance and she is unlikely to pay. You may be able to demand payment and if she does not pay, her license will be revoked until she does. If you do exactly what needs to be done. Possibly small claims court but you may not even need to do that. I'm unsure. But even if you win in court does not mean the lady is going to give you money. Its up to you to collect. Best case is she borrows it and pays you so she does not lose her license but she may just never have a license again. And never pay you. In which case, suing her in small claims court would be a waste of time and money.
A compassionate liberal would consider the uninsured drivers situation. They must have a reason they can’t afford insurance. Being Black, Muslim, Gay or any other group is tough going in America. You should solve the problem by buying them some insurance, so this won’t happen again. The racist greedy Conservative would have to take one in the gut, while confirming that irresponsible people suck.
Take her to court. She needs to pay you for all damages. ALL damages. That includes losses that result from you not being able to drive to school. She was driving illegally so it will be pretty easy to win your case. Collecting from someone poor enough that they didn't buy insurance, however, might be difficult. You may have to accept a garnishment or payment plan of some kind.
Kiss it goodbye. Get another car.
You file a claim with DMV. The Government is slow pay. Expect 6 months before they pay. She can pay the Government, Go to prison, or join the rebels in the jungle to fight the Government. But in America you can take her to court. Get a judgment she will not pay. The cops will do nothing. She will get another car to wreck. If caught she will pay a fine bribe to the cops judge. The State gets some money & is happy & hope she sends more after the next wreck. That's life in America were no law rules. Getting in the way of the courts money.
StephenWeinstein: There are two ways that you can get something
There are two ways that you can get something: 1) Convince her to give you something 2) Sue her
The person that hit you is liable. Were there any witnesses? Do you know who it was? A license plate number would also be useful. You may have to sue her to get your money
I feel for you as the same thing happened to me. Lucily, my car still ran after the accident but it had lots of body damage but i had only liability insurance so i hammered out the body panels and got an alignment and still drove the vehicle that way for a few years before rust started eating away at the damaged body panels. The person that hit my car and my neighbors ran away. So there is probably nothing you can do unless you got her plate number and file a lawsuit against her which sadly, can cost more then what your car is worth.
Talk to your insurance. There may be a scheme to cover uninsured losses by hit-run and uninsured drivers; they have one in the UK for instance.
If you want legal advice, go talk to a lawyer.
Make a police report. Then ask your own insurer if they can help without damaging your premium rates and the like. If they can't help sue her in court.
If you have uninsured/underinsured motorist coverage your insurance will cover it.