Yankeetowner

Every state has different insurance laws. PIP is part of your auto insurance if you are in a "no-fault" state. Whether that will help or not depends on the laws of your state and the wording of your insurance contract. I would call your insurance agent and ask him to explain it to you, since that is one of the things for which you're paying him. Your agent should also be able to refer to your policy and help you with questions regarding uninsured motorist coverage (UM).

In most states a motor vehicle (aka: car) is a dangerous instrumentality, meaning the owner is responsible for any negligence of the driver (unless stolen, etc.). The owner may well have liability insurance (even at the ripe old age of 68). Your agent should help you find out, and some states have a procedure for writing a letter to the owner requiring them to respond about their insurance within a set period of time (30-60 days). Another, and sometimes excellent, resource is the insurance commissioner's office in your state.

You, without a lawyer, can bring a small claims action against the owner and operator of the car, and the cost varies from state to state. Check with the clerk of courts in your county for the cost and the jurisdictional limits. It sounds like you should have no trouble getting a judgment in small claims court, but enforcing/collecting on the judgment can be difficult, depending on the financial status of the driver/owner. Garnishment laws vary state to state, and can be restrictive, depending on the laws of your state, since many courts and lawmakers are hesitant to interfere with someone's wages. If you have any attorney friends (I know...an oxymoron), I would check with them. Most personal injury lawyers won't be interested since you apparently weren't significantly injured, but you may be able to find one who will at least talk to you for 15-20 minutes.

Good luck, and GO BUCKS!