can i law sue somebody that hit my car without any kind of

Submitted by meeer on Thu, 09/08/2011 - 19:30

someone hit my car, i was not at fault. He did not have any kind of insurance. I only have liability ins

Posted: 08 Sep 2011 11:11 Post Subject:

Yes.

InsTeacher 8)

Posted: 10 Sep 2011 05:22 Post Subject: No Uninsured Motorist coverage on your policy?

You state that you only have Liability coverage, but are you certain that you don't have Uninsured Motorist coverage also? It varies by state, but it is customary in Georgia to write any Liability policy with at least 25/50/25 in UM/UIM coverage.

I actually won't write a policy with Liability or UM/UIM limits less than 50/100/50 each. UM coverage only costs about 12-15% of the BI/PD Liability premium- usually under $50 for 12-months! I highly recommend adding it to your coverage if you don't already have it!

If he had no insurance coverage at all and you have UM on your policy, it will pay for your repairs. Then they will attempt to recover whatever they pay out to you from him, if possible.

Your other option is to file a lawsuit against him for the cost of repairs. Again, you'll need something to help you prove he was at-fault. Also, you will need to sue him in the county/state where he resides.

Good luck.

Posted: 15 Sep 2011 09:59 Post Subject:

Uninsured Motorist coverage would only apply if the insured ALSO had, in addition to UMBI (Uninsured Motorist Bodily Injury) coverage, UMPD coverage (Uninsured Motorist Property Damage).

UMBI is mandatory in just about every state that I am aware of. In fact, I know of NO state that doesn't require the coverage. On the other hand, UMPD is typically a voluntary coverage. It' really cheap and will pay for the damage to PROPERTY (read, your car) if the person who hit you is uninsured.

I should have mentioned UMPD, but didn't, so I thank allfiredup for reminding me.

InsTeacher 8)

Posted: 16 Sep 2011 12:05 Post Subject:

You'll be able to collect the amount only up to the limit of your UMPD (if you have one). even after that if you are still dissatisfied, you are free to sue the driver at fault.

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