QUESTION
If I was rear-ended at a stoplight and do not have insurance, what can I do?
Asked on May 21st, 2015 on Personal Injury - Wisconsin
More details to this question:
I was rear-ended when I was stopped at a traffic light, but I do not have insurance. Can I still sue the driver who hit me?
7 ANSWERS
Ronald A. Steinberg
In Michigan, you can do nothing.
Answered on May 22nd, 2015 at 9:11 AM
Sure, but in California you can not collect for pain and suffering or bodily in juries, only for out of pocket expenses.
Answered on May 21st, 2015 at 6:25 PM
James Eugene Hasser
Yes, the liability of the driver behind you is not affected by the fact you do not have insurance. That is a matter between you and the State. Good luck.
Answered on May 21st, 2015 at 5:55 PM
Edwin K. Niles
Yes, you can make a claim, but under Civil Code 3333.4 you can only collect for out-of-pocket expenses, not for pain.
Answered on May 21st, 2015 at 5:42 PM
Libel & Slander Attorney serving New York, NY
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Yes. The driver who rear ended you is presumed responsible.
Answered on May 21st, 2015 at 5:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not if this occurred in Michigan.
Answered on May 21st, 2015 at 5:11 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes you can. If this was a Wisconsin matter, however, you would be found to be violating the mandatory insurance law. But that should not affect your right to sue someone who struck your car. Get your total losses documented (e.g. cost of repairs, medical bills, lost wages, etc.), and make a demand on the other driver, reminding him to notify his insurer. If the insurer will not settle for a reasonable amount in a reasonable time, you can sue. There is a 3-year limitations period within which you can file a lawsuit 3 years from the date of the accident. Surprisingly, 3 years can pass fast, so don't let the grass grow on your claim.
Answered on May 21st, 2015 at 5:10 PM