The Shoulder
The Shoulder
72
Insurancekind-owl-537

At-fault driver had zero insurance — do I even have the right to go after them personally?

This has been eating at me for a while and I finally need to talk it through with people who might get it.

About 18 months ago a guy blew through a red light and slammed into my driver's side door. Totaled my car — a used SUV I'd saved up for over two years working double shifts. That car meant everything to me because I bought it completely on my own, no help from anyone.

Turns out he had let his insurance lapse like three weeks before the crash. He got cited for it at the scene. Then — and this still makes my blood boil — he went and got a new policy the following week and somehow used that to get his ticket reduced to basically nothing. How is that even legal?

Meanwhile I'm dealing with neck and shoulder pain that still hasn't fully gone away. I had some coverage through my own policy but it didn't come close to covering everything, and I burned through my savings just staying afloat during my recovery.

Here's my conflict: the guy genuinely does not seem to have much. I looked him up (publicly available stuff) and it's pretty clear he's not sitting on assets. I know there are ways to collect — like wage garnishment — but the idea of doing that to someone makes me uncomfortable, even though HE is the one who did this to ME.

Also I'll be honest — right after the accident I was going through some really dark personal stuff and pursuing any of this legally felt impossible. I wasn't in a place to fight anyone about anything. So I just... didn't. And now I'm wondering if I even still can, or if I've waited too long.

Is it wrong to pursue someone who's basically broke? And does waiting this long kill my chances entirely?

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14 replies

  • 15
    calm-dove-970

    The timing question is real and depends entirely on your state's statute of limitations — for personal injury it's often 2-3 years, for property damage sometimes different. Since you're coming up on 18 months, it's not too late in most places but you want to move relatively soon if you're going to do anything. Also, the fact that he got his ticket reduced doesn't affect your civil options — those are completely separate tracks. Criminal/traffic court and civil court don't cancel each other out.

    • 7
      steady-parent110

      Appreciate the detailed write-up. Saving this for later.

  • 14
    daring-raven-910

    Not legal advice, but two things worth knowing: statutes of limitations on personal injury and property damage claims vary by state, and 18 months may or may not have eaten into your window depending on where you live. Also, collecting from someone with limited assets is genuinely hard — even with a judgment you can't squeeze blood from a stone. That doesn't mean you shouldn't pursue it, just go in with realistic expectations. Worth at least a free consult to understand your options before the clock runs out.

    • 10
      hopeful-survivor255

      Solid advice. Getting it in writing is the part most people skip.

  • 14
    swift-seal-414

    That thing where he bought insurance after the crash to get his ticket softened? I saw versions of that constantly. It has zero bearing on his liability to you for what happened while he was uninsured. Insurers know this trick too. If your own uninsured motorist claim wasn't fully maxed out, I'd go back and look at that policy language very carefully — sometimes people leave money on the table because they didn't know what to ask for.

  • 9
    sharp-wren-046

    You are not wrong at all. I went through almost the exact same thing — uninsured driver, my car gone, me left holding the bag. The guilt I felt about going after him was real, but then I had to remind myself: he made a choice to drive without insurance. That choice had consequences for YOU. You didn't create this situation, he did.

    • 9
      careful-driver659

      Really glad you posted an update — gives the rest of us some hope.

  • 9
    plain-elk-056

    One thing people don't realize — your OWN uninsured motorist coverage (if you had it) might still be in play depending on how it was handled. Did your insurer fully close out your claim or just pay a partial amount? Sometimes they low-ball you and call it done, banking on the fact that you won't push back. I'd double-check everything before assuming that door is closed.

    • 18
      clear-mole-914

      Stop feeling bad for him. He drove without insurance — that is not a mistake, that is a decision people make to save money while offloading the risk onto everyone else on the road. You got hit with that risk. Any discomfort from wage garnishment is his problem to deal with, not yours to carry.

    • 3
      tired-dreamer601

      Really glad you posted an update — gives the rest of us some hope.

  • 9
    warm-crow-754

    I just want to say — you went through something really hard personally on top of the accident, and you survived it. Don't beat yourself up for not being in warrior mode right after. You were doing what you needed to do to get through. Now that you have some breathing room, it makes total sense to revisit this. You deserve to at least know what your options are.

  • 6
    hearty-otter-581

    Please don't let the financial side distract you from the physical stuff. Neck and shoulder issues that are still present 18 months later need proper documentation and care — not just for your health but because that ongoing pain is part of what you'd be claiming. If you haven't had imaging done recently, do it. Your medical records are going to matter if this moves forward.

    • 0
      steady-rider502

      Same boat here. Did anyone mention a deadline to watch out for?

  • 5
    kind-badger-026

    Few questions: did you file a UM (uninsured motorist) claim with your own insurer at the time? And do you have documentation of your damages — repair estimates, the total loss valuation, medical bills? Asking because those things will matter a lot if you try to pursue this now, and 18 months of distance can make paperwork harder to track down.