The Shoulder
The Shoulder
74
Insuranceplain-seal-879

Hit by a drunk driver with no insurance — what are my options to get my car fixed?

I'm still kind of in shock honestly. About two weeks ago I was stopped at a red light when someone plowed into the back of my car. Hard. The guy got out and was clearly not sober — he could barely stand up. Police showed up pretty fast, he failed the field sobriety test on the spot, and they hauled him off in cuffs.

Here's where it gets fun (not really): I just found out he has zero insurance. None. And I only have liability on my policy — I dropped the extra coverage a few months ago to save money, which is haunting me right now.

The damage is pretty bad. The whole rear end took the hit — bumper is wrecked, one tail light is smashed, the trunk doesn't close right, and the shop flagged some possible frame alignment issues they want to look at more closely. Estimate I got is sitting at just over $8,000.

So now I'm trying to figure out:

1. Is there any way to go after this guy directly? Like through the criminal case — restitution or something? Or would I have to sue him separately? 2. Does my own insurance cover anything here if I don't have collision or uninsured motorist coverage? 3. Should I get multiple repair estimates or just go with the shop I trust? 4. Is it worth fixing everything now or just the safety-related stuff while I figure out the money situation? 5. What do people usually miss in the first few weeks after something like this?

I also have some personal injury stuff I'm dealing with — my neck has been really stiff and I've had headaches since the crash. Haven't seen a doctor yet because I kept thinking it would go away. Probably should go, right?

Any advice from people who've been through something similar would mean a lot right now. This is already expensive and exhausting.

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17 replies

  • 17
    steady-bison-038

    Oh man, I went through almost the exact same thing — drunk driver, no insurance, me holding the bag. The criminal restitution route IS a real thing, but I'll be honest: it took forever and I only got a fraction of what was ordered because the guy had no money anyway. Don't count on that as your main recovery strategy. Definitely pursue it, but have a backup plan.

  • 13
    bright-wolf-395

    Please please please go see a doctor about your neck and headaches. I know it feels like it'll pass, but whiplash and soft tissue injuries from rear-end collisions can get significantly worse over the first few weeks if they're not assessed. There's also a practical reason beyond just your health — if you decide to pursue any kind of injury claim later, having a gap in medical care from the date of the accident makes everything harder. Go tomorrow if you can. Urgent care works if you can't get your regular doctor quickly.

    • 9
      weary-parent458

      Curious whether you did this on your own or had help with it.

    • 6
      plainspoken-offramp291

      Exactly my experience. Persistence paid off in the end.

  • 13
    humble-wolf-875

    Before you do anything, call your own insurance company and ask specifically about uninsured motorist property damage coverage — sometimes people have it without realizing it, or it might be bundled in a way that's not obvious. Also ask about medical payments coverage. Read your declarations page carefully. Adjusters aren't always going to volunteer information about coverage you might have.

    • 19
      bright-tern-710

      A few things worth knowing from a process standpoint (not legal advice, just general info):

      • The DA's office can order restitution as part of sentencing if he's convicted, but as others have noted, collecting it is a separate problem if he has no assets.
      • You can also file a civil lawsuit against him independently of the criminal case. Getting a judgment is one thing; collecting on it is another.
      • Document absolutely everything right now — photos, repair estimates, medical receipts, any missed work. The more paper trail you have, the better any future claim looks.
      • The neck and headache symptoms: report those to your insurance company too, not just the car damage.
  • 13
    clear-tern-384

    Worked in claims for years. A couple things:

    First, if you don't have UM/UIM or collision, your own carrier honestly can't do much for the vehicle damage — that part is accurate. But definitely check for MedPay or PIP if your state requires it, because that can cover your medical bills regardless of fault.

    Second, on the repair estimate — $8k for significant rear-end damage including potential frame issues is not crazy at all. Get a second estimate just to compare, but don't assume the first shop is ripping you off. Frame alignment work alone can get expensive fast.

    • 3
      patient-wanderer189

      This is really helpful — thank you for posting it.

    • 5
      level-late-shift455

      Took me three tries but they finally budged. Don't give up.

  • 13
    genuine-fox-020

    Not legal advice, but I'll say this: the injury piece of your situation may matter more than the car damage in the long run. If your symptoms persist or worsen, you could have a legitimate personal injury claim against the at-fault driver — and in some states, if he's convicted of DUI, that conviction can actually be used as evidence in a civil case. Talk to a PI attorney about your options. Most do free consultations and work on contingency so there's no upfront cost. The vehicle damage is frustrating but the body stuff is what I'd prioritize understanding legally.

    • 2
      restless-offramp273

      Adding this: keep copies of every email. It mattered for me.

  • 13
    careful-hare-493

    Three things, in order: (1) Go to the doctor. Today or tomorrow, not next week. (2) Get a second repair estimate. (3) Call your insurance and specifically ask what coverage you actually have — not what you think you have. Do those three things before anything else.

    • 8
      warm-marten-636

      Quick question — did you get a copy of the police report yet? And does it specifically note the DUI arrest and the lack of insurance? That documentation is going to be really important for basically every path forward you're considering. Also, what state are you in? UM coverage rules and restitution processes vary a lot by state.

  • 12
    humble-stoat-101

    I'm so sorry this happened to you, that sounds genuinely terrifying and then to find out he had no insurance on top of it — ugh. Please don't tough out the neck pain. That's your body telling you something. Everything else can be figured out, but take care of yourself first.

    • 10
      calm-neighbor931

      This is exactly what I needed to read today. Thank you.

  • 8
    cool-sparrow-340

    The fact that police were there and made an arrest is actually a big deal in your favor. You have a solid paper trail, a police report, and a documented at-fault driver. That's more than a lot of people have to work with. It doesn't fix the insurance gap, but if you do pursue any kind of legal action — civil or through the criminal case — you're starting from a much stronger position than someone whose accident was a he-said/she-said situation.

    • 5
      careful-neighbor444

      That lines up with what my adjuster told me too.