QUESTION
If I was hit from behind and do not have insurance, can still I sue the driver at fault?
Asked on May 25th, 2015 on Personal Injury - Michigan
More details to this question:
Can I still sue the driver who hit me? I was rear-ended when I was stopped at a traffic light, but I do not have insurance. What are my rights?
15 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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That would be a yes.
Answered on Aug 28th, 2015 at 8:19 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, you can sue, but sue for what is the question. If it is just property damage, the other driver's insurance company should pay. If you were injured, see a doctor first, then a lawyer.
Answered on Jun 08th, 2015 at 9:49 PM
Edwin K. Niles
You can make a claim for out-of-pocket expenses only. You cannot claim compensation for pain and suffering under Civil Code 3333.4.
Answered on Jun 08th, 2015 at 9:49 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If the other person is at fault, their insurance pays. It does not matter whether or not you had insurance for your claims to be valid.
Answered on Jun 08th, 2015 at 9:49 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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If you did not carry insurance you can collect your car repair cost, loss of income and medical bills and nothing else. No pain and suffering. So likely you will have to deal with this on your own.
Answered on Jun 08th, 2015 at 9:49 PM
Ronald A. Steinberg
In Michigan, you would be without a remedy. It is against the law to drive without insurance. I assume that other states also would restrict you. You have to be crazy to drive without insurance.
Answered on Jun 08th, 2015 at 9:49 PM
1 Award
You can make a claim against the insurance company for the drive who hit you. The fact that you did not have automobile insurance does not matter. You will probably need a personal injury lawyer to help you with your claim.
Answered on Jun 08th, 2015 at 9:49 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The same. Were you cited for driving without insurance? That is a separate issue. The Insurer should pay the same.
Answered on Jun 08th, 2015 at 9:49 PM
In California you have the same rights as everyone except you can only collect for out of pocket losses and not bodily injury, pain and suffering. You can collect property damage, loss of use, medical bills, and wage loss.
Answered on Jun 08th, 2015 at 9:49 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Yes, you can still pursue a claim even if you didn't have insurance.
Answered on Jun 08th, 2015 at 9:49 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You can sue the other driver, but you will only be able to recover your out-of-pocket expenses, such as medical bills, property damage, etc. You will not be able to recover general damages for pain and suffering.
Answered on Jun 08th, 2015 at 9:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan none. You are in deed trouble. Confer with an attorney.
Answered on Jun 08th, 2015 at 9:49 PM
James Eugene Hasser
Not having insurance has nothing to do with the liability of the driver that hit you. You're free to sue. Good luck.
Answered on Jun 08th, 2015 at 9:49 PM
Yes, you can still sue or settle. Contact his (the person who it you) insurance company.
Answered on Jun 08th, 2015 at 9:49 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Not in Michigan. You are required to have motor vehicle insurance on any owned vehicle. Failure to have the insurance takes away your rights to sue.
Answered on Jun 08th, 2015 at 9:48 PM