Can you sue someone who doesn't have insurance yet their at fault?

Answer 1

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.