steady-vole-9375/18/2026

Uninsured drunk driver hit me — dad keeps saying 'I'll handle it' but nothing happens

I'm so frustrated right now and honestly just need to vent and get some outside perspective.

About three weeks ago an uninsured driver blew through a stop sign around 2am and T-boned my car. Police showed up, did a field sobriety test, and the guy failed it. Come to find out he's got a suspended license and zero insurance. My car is totaled.

My own insurance is covering the payoff on my loan, which is fine, but I'm still out everything I'd already paid into it — plus I just put new tires on it like two weeks before this happened. And now I'm scrambling for transportation while paying out of pocket for a rental.

Here's where it gets weird: the driver's father reached out to me personally and was very apologetic. He said his son would "make it right" and cover my out-of-pocket losses and the rental costs. I have texts from the dad promising this. But every time I follow up it's the same thing — "I'll talk to him and get back to you" — and then crickets for days.

The driver himself won't respond to me at all. I haven't signed anything with my insurance about a final settlement yet.

I've been told that since there are no injuries, personal injury attorneys aren't interested in the case. So now I'm wondering:

Can I actually use those texts from the dad as some kind of written promise?
Is small claims court even worth it against someone who's clearly broke and uninsured?
Is there anything I can still do on the criminal side to apply some pressure here?

I don't even know where to start. Any advice from people who've been through something like this is really appreciated.

9 replies

Most helpful first

silent-elk-2065/18/2026
Ugh, I went through something almost identical — uninsured driver, lots of verbal promises from family members, nothing in writing. The texts from the dad might help you in small claims but honestly collecting on a judgment against someone with no money is the hard part. I filed and won and it didn't matter because the guy had nothing to take. That said, having the judgment on record sometimes motivates people to actually pay, especially if the dad has assets. Definitely don't let them keep stringing you along without something signed.
- brave-raven-1205/18/2026
  Before you do anything else — do NOT finalize or sign off on your settlement with your own insurance company until you fully understand what rights you're signing away. Adjusters sometimes slip broad release language into paperwork that could affect your ability to pursue the at-fault driver separately. Read everything carefully, twice.
bright-badger-9305/18/2026
Former adjuster here. A few things worth knowing: if your policy has uninsured motorist property damage (UMPD) coverage, that's the mechanism specifically designed for this situation and it's worth asking your insurer directly whether you have it and whether it covers your out-of-pocket losses beyond just the loan payoff. Also, your insurer may subrogate against the at-fault driver on your behalf once they pay out — meaning they'd chase him for the money they paid you. Ask your claims rep about that process because it could affect your strategy.
- kind-elk-6645/18/2026
  Stop waiting for the dad to follow through. He's not going to. File in small claims, serve the driver (not the dad — the actual driver), and get a judgment. Yes it's a pain. Yes he might not pay. But right now you have nothing and at least a judgment gives you options — wage garnishment if he ever gets a job, liens, etc. The longer you wait the more it feels like it'll just go away.
- gentle-hare-7955/18/2026
  Quick question — when you say your insurance is 'covering the loan payoff,' does that mean the payout is exactly what you owe or is there actually a gap? And do you know for sure you don't have UMPD or rental reimbursement on your own policy? A lot of people don't actually know what coverages they have until they dig into the declarations page. Might change what your options are before you go the small claims route.
careful-grouse-5115/18/2026
Those texts from the dad could actually be meaningful depending on how they're worded — if he made a clear promise to cover specific costs, that could be treated as a written agreement in small claims. Screenshot and back them up somewhere safe right now. Also, small claims is generally designed for exactly this kind of situation — you don't need a lawyer, the filing fees are low, and the process is meant to be accessible to regular people. Whether you can collect is a separate question, but getting the judgment is step one.
tidy-grouse-8965/18/2026
Not legal advice, but a couple of things worth knowing: verbal agreements and even informal text promises can sometimes be enforced, but the cleaner play is always a signed written agreement. Also, on the criminal side — whether he faces charges is up to the prosecutor and law enforcement, not you. You can absolutely contact the responding officer or DA's office to ask about the status of any charges; your preference as the victim carries weight but it's not the only factor. The DUI and suspended license are separate matters from your civil claim.
curious-wren-2585/18/2026
Just want to check in — are you doing okay physically? Sometimes the adrenaline from an accident masks soreness or stiffness that shows up days or even a week or two later. If you start noticing neck tension, back pain, or headaches, please see a doctor and make sure it's documented, even if it seems minor right now. I've seen people brush it off and regret it later.
clever-tern-2215/18/2026
I know it doesn't feel like it right now, but the fact that police responded, documented the DUI, and you have texts from the father is genuinely more than a lot of people have in this situation. You've got a paper trail. That's real leverage in small claims and it means you're not starting from zero.