Best Answer

You can sue anyone. However if you have uninsured motorists coverage on your auto insurance the best thing to do is to file the claim on your UM then the insurance company will go after the other party and you won't have to. Once you make a claim on UM you will sign a subrogation form which then assigns the rights to recover damages to the insurance company and after that you cannot sue the other party. The reason I say to go through your UM coverage is that they will pay all legal fees and collection costs. If you try to sue them yourself and it doesn't work out you cannot then try to collect from you insurance carrier so you must make up your mind before proceeding. There is a small deductible on your UM but that will be refunded when they collect from the other party. It's usually way after you forget about and poof you get a check for $250. For full disclosure, I own and operate a small Independent Insurance Agency in Gordon, Georgia and have for 22 years. I also worked as an agent for a direct writer for 3 years before that.

User Avatar

Wiki User

12y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Can you sue someone who doesn't have insurance yet their at fault?
Write your answer...
Still have questions?
magnify glass
Related questions

What happens if accident is your fault?

Well Someone will sue you and the insurance will do something about it!

How do you sue someone at fault in an accident if they have no insurance at all and can you sue them personally to pay for your car being totaled?

== ==

Can you sue at fault driver in California who has insurance if his insurance company refuses to pay your claim for medical expenses or do you have to sue his insurance company?

yes. you can sue an at fault driver if his insurance company refuses to pay your claim. it would not be proper to sue the insurance company.

What happens if you rear end someone but neither of you has insurance?

The other person can sue you because you are at fault for the accident.

Someone hit you and you both have no insurance?

Whether or not either of you have insurance has nothing to do with determining fault. One of you is at-fault and it is the responsibility of the at-fault party to pay for the damage they caused. Regardless if you are insured or not, if you are not at-fault in an accident you should retain an attorney and sue the at-fault party.

Can you sue your friend's insurance company if you were in an accident but they were not at fault?

You can.

What happens if the driver at fault hits a car and the driver at fault has no insurance will the car that hits you have to pay for your car?

If you have comprehensive insurance, your policy will cover the damages (less a deductable). In this case, your insurance company will sue the at fault driver. You can also sue the at fault driver for damages (if you do not have comprehensive).

Can you sue the at fault driver and the insurance company?

You do not sue the insurance company. Any suit is filed against the at fault party only. The insurance company will defend their client and pay damages according to the terms of the policy.

Can you sue your auto insurance if you wrecked into a telephone pole?

Usually one cannot sue their own company if the accident was a fault of their own. If someone else hit you and caused you to hit the pole, the other person's insurance would be liable.

What to do when an insurance company doesnt pay amount of damages?


Can someone sue you even though they didnt have insurance and you dont know who is at fault?

You can sue someone no matter what, but the thing is whether or not you will win the case in court. If you don't think you would win the court case if you sued someone, I don't suggest sueing.

How can I recover damages from a car accident when the fault driver has no insurance?