QUESTION
Can I sue his insurance if my license and my insurance are expired?
Asked on Feb 05th, 2013 on Personal Injury - Florida
More details to this question:
A truck with a boat was at the stop sign and took off then I came to the stop sign but then the truck with the boat back up I blew my horn but he continued backing with a speed, backed up, hit my car and messed up all my driver side.
14 ANSWERS
Ronald A. Steinberg
Under Michigan law, you have NO RIGHTS because you were driving without insurance.
Answered on Feb 21st, 2013 at 12:27 AM
You can sue him, but you will be limited to special damages and not be able to recover any monies for pain and suffering.
Answered on Feb 10th, 2013 at 11:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you were in Michigan, a no fault state, your damages are to be paid by your insurance,. As you had none you are probably limited to $500 on mini-tort. Counsel with an attorney.
Answered on Feb 07th, 2013 at 8:00 PM
Christian Joseph Menard
You can sue the responsible party for your out of pocket expenses such as cost of vehicle repair. Small claims court can be utilized for any claim up to $10,000.00.
Answered on Feb 07th, 2013 at 6:32 PM
You can file a claim for damages caused by the other driver. The important issue is whether his insurance is in effect.
Answered on Feb 07th, 2013 at 1:09 PM
Yes, but you might get a ticket for not having the license and insurance. Have your insurance agent make a claim.
Answered on Feb 07th, 2013 at 1:09 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The party at fault pays the damage. it does not matter what your license or insurance state were.
Answered on Feb 07th, 2013 at 1:09 PM
Donald C. McLeaish
One never sues the "insurance" of a driver. One sues the driver and the insuarance defends the driver and pays if he loses so consider filing you claim in Justice of the Peace court .
Answered on Feb 07th, 2013 at 1:08 PM
The simple answer unfortunately is - maybe. Colorado is an at-fault state and you might be able to sue the other driver.
Answered on Feb 07th, 2013 at 1:08 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You cannot sue his insurance, but you have to sue the driver individually. I wouldn't bother with it unless you have an independent witness who saw the accident, because we have a law in Florida that creates the rebuttable presumption that the driver in the rear was at fault in causing the accident. If the guy isn't willing to admit that he backed into you, the chance of winning will not be that great.
Answered on Feb 07th, 2013 at 1:05 PM
James Eugene Hasser
In Alabama, you have to sue the individual driver and cannot sue his insurance company. The fact that your license and insurance are expired have nothing to do with the other driver's liability for your damages.
Answered on Feb 07th, 2013 at 1:05 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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You can pursue the at fault party's insurance, however based on your lack of insurance Propriety 213 applies which permits you to recover special damages only, which includes cost of medical treatment and lost wages. You are precluded from recovering pain and suffering.
Answered on Feb 07th, 2013 at 1:05 PM
Elder Law Attorney serving Aventura, FL
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Elder Needs Law, PLLC
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Yes. You can bring a claim against the at-fault party's insurance company. They will be entitled to a setoff for the PIP benefits you should have had. Go get your license and insurance renewed.
Answered on Feb 07th, 2013 at 1:04 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Your not having a license or insurance doesn't mean you were at fault in causing the collision. Make the claim.
Answered on Feb 07th, 2013 at 1:04 PM