Question by tralynn: Can i sue an insured driver if i am unisured?
I got in to a car accendent and the other guy was at fault. but i didnt have insurance yet. can i still sue him for damages and pain and suffering? where do i start?
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Sure you can! Will you win? Who knows? You, likely, are not an expert at your state laws, or at the standards of fault for your state. Your state might be a ‘no pay no play’ state, where if you’re uninsured, you cannot collect from an insured person. Or, YOU might be legally at fault for the accident.
Start by filing a suit in small claims court, if the damages are low enough, or by hiring a lawyer to file a suit in civil court, if the damages are too high for small claims court.
First of all, why are you sueing? Did the other party refuse to pay for your damages? If that person is insured and has agreed to pay for your damages then there’s no point in sueing because you’ll end up getting in trouble for not having insurance.
Every time there is a question here about an accident the first word used is sue. You are a (fill in the blank) for not having insurance and then thinking you should take this guy to the cleaners for having an accident. Where do you start? You start by thinking this whole thing over and do what is morally right. Damages, pain and suffering? You have been watching too much TV. You didn’t win the lottery here. You are only entitled to actual damages (if you aren’t cited for not having coverage yourself). Greedy people like you are a plague on society.
The bottom line is anyone can sue anyone. Wether you are successful or not is a different story. Go for it!
Depends on where you are. In some states you can, in others you can’t. In California for example, if you are uninsured you can’t collect even if it isn’t your fault, because you shouldn’t have been there.
Did he come up onto your property and hit you? If your car was parked on a public street, you should have had insurance on it. Or worse, were you driving it without insurance?
Bottom line, you can call the insurance company and attempt to make a claim. “Pain and suffering” is one of those slippery terms that is almost impossible to prove under the best of circumstances, so you can probably forget that. They may accept some liability, but I wouldn’t bet on it.
First of all I’m not quite sure if you can sue. You may be digging yourself into a whole because as a driver you are supposed to have insurance in the first place and you know of coarse the judge or lawyer is going to give you the third degree on that. Good luck
No. You have no rights as an uninsured driver. That driver and every other insured drivers suffer enough because of uninsured drivers- Our premiums go up and we are stuck fixing cars that uninsured drivers wreck. There is no excuse for you to not have insurance “yet”, it was illegal for you to purchase the car without insurance. So either you let your insurance go into default or you never had insurance in the first place with intentions on not getting it.
Did you call the police and get a police report on the incident? You can’t really do much without that. Second, depending on the state you’re in, you would be in a lot of trouble for not having insurance. I suggest calling legal aid of some sort.
Was the other driver issued a citation?
If not, without an insurance company to foot the bills, you filing suit would be very costly.
Unless the damages are small enough to be filed in small claims court?
Contact HIS insurance about the damages. It is probably a long shot, but, sure, you can sue if you can find a lawyer willing to take the case on a contingency fee basis.