QUESTION
If you don’t have Ins. on your vehicle and involved in an accident, can you sue who's responsible?
Asked on Apr 13th, 2013 on Personal Injury - California
More details to this question:
I was in a car accident on April 6, 2013, I don't have insurance on my jeep, but it was not my fault. My jeep is totaled, the other driver admitted to being at fault to the police, I have been in x4 accidents, all, not my fault. I had a slip n fall at kfc and won my workers comp. case and won two of the accident cases but the person that had insurance on his vehicle. My lawyer said he could not take that case, why not, but he did not.
10 ANSWERS
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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In Louisiana, if you do not have insurance on your vehicle at the time of the accident, you are not able to recover for the first $15,000 for your bodily injury nor the first $25,000 for your property damage. This is referred to as the "No pay/no play" law.
Answered on Apr 23rd, 2013 at 1:08 AM
The fact that you don't have insurance is irrelevant, if you can prove that the other driver was at fault. You need a police report or witnesses to establish liability.
Answered on Apr 19th, 2013 at 12:29 AM
Ronald A. Steinberg
Under Michigan law, you cannot sue for anything if you do not have auto insurance on your vehicle. Regardless of who is at fault.
Answered on Apr 17th, 2013 at 8:00 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Insurance companies have a record of your several claim s. they don't like claims minded people. juries don't like claims minded people. lawyers don't like claims minded people carriers will not pay the claim so a lawsuit may be necessary. Your lawyer does not want to spend $10000 worth of time and a year and a half in court on your case. it is likely not worth the trouble and time it would take to handle.it has nothing to do with whether you have insurance. By the way you are the claims expert why do you not have insurance on your vehicle? very risky and your license may be at stake.
Answered on Apr 16th, 2013 at 9:47 PM
James Eugene Hasser
You can sue. You don't have to have insurance to do that. That's probably not the reason the lawyer wouldn't take the case. It's my guess that the reason the lawyer won't take the case is because you have some pre-existing injury or injuries that may have been aggravated by the wreck, which makes it difficult, if not impossible to sort out any additional injuries. It can be done, though. It sound like you are going to need to look for another lawyer experienced and knowledgeable in accident law. Hopefully, there will be one that will take your case. Good luck.
Answered on Apr 16th, 2013 at 9:24 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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If someone else is responsible for the accident, then you can make a claim against them. However, it is a violation of law to not have insurance, and you will most likely be cited by the police for driving without insurance.
Answered on Apr 16th, 2013 at 9:05 PM
Alexis Anne Plunkett
If you were not at fault for the accident, then yes, you can seek compensation from the at-fault driver. It does not matter that you did not have insurance on your vehicle at the time of the accident.
Answered on Apr 16th, 2013 at 9:04 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I don't think you need to be insured to sue someone for negligence. At the same time, our law requires drivers to carry insurance. So you might find yourself in a bit of a bind. But on these facts I think an action to collect from the wrongdoer is warranted.
Answered on Apr 16th, 2013 at 9:04 PM
NA richard@jandjlaw.com
In WA. you can make a claim with the insurer for the at-fault party if your vehicle was not insured. Generally, you don?t need a lawyer for the damage to your vehicle. Most lawyers wouldn't take a claim for vehicle damage, only. If you were hurt, then with no insurance, how are you going to get / pay for medical evaluation / treatment? If you were hurt in the MVA, but you had prior injuries, the lawyer you talked to may have thought you weren't injured badly enough in the MVA to take on the case in light of you having priors.
Answered on Apr 16th, 2013 at 8:44 PM
Christian Joseph Menard
The "penalty" for getting into an accident when you do not have issuance is your inability to seek non-economical damages, such as for pain and suffering. You are limited to your out of pocket expenses such as loss of your vehicle.
Answered on Apr 16th, 2013 at 8:43 PM