If I was hit from behind and do not have insurance, can still I sue the driver at fault? 25 Answers as of August 28, 2015

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?

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Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
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.
Answer Applies to: Michigan
Replied: 6/8/2015
Stephens Gourley & Bywater | David A. Stephens
Yes you can.
Answer Applies to: Nevada
Replied: 6/8/2015
Law Ofices of Edwin K. Niles | 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.
Answer Applies to: California
Replied: 6/8/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Not having insurance has nothing to do with the liability of the driver that hit you. You're free to sue. Good luck.
Answer Applies to: Alabama
Replied: 6/8/2015
Law Offices of George H. Shers | George H. Shers
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.
Answer Applies to: California
Replied: 6/8/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    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.
    Answer Applies to: California
    Replied: 6/8/2015
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    You can. But, there are some potential pitfalls. For example, did you get a ticket for not being insured? If that cat's already out of the bag, no problem. If it isn't, you could be bringing on trouble by pursuing a claim when you were driving without insurance. Another potential problem is if the other driver was injured, too, and there's any way that you could be said to have had any fault in the accident. Since you were uninsured, you'd be on the hook personally for your fault. Some things to think about. Also, of course, your injuries would have to be serious enough to meet the state injury threshold, which is the case in any auto injury case. If they're serious, the matter is worth discussing in detail, to see if it can be pursued.
    Answer Applies to: Michigan
    Replied: 6/8/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    In Michigan none. You are in deed trouble. Confer with an attorney.
    Answer Applies to: Michigan
    Replied: 6/8/2015
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    Yes, you can still pursue a claim even if you didn't have insurance.
    Answer Applies to: Georgia
    Replied: 6/8/2015
    Lloyd H. Thomas III P.C. | Lloyd H. Thomas III
    Whether or not you have insurance does not prevent you from making an insurance claim for your property damage and personal injuries against the driver that caused the collision. If they don't have insurance, you could have a problem.
    Answer Applies to: Georgia
    Replied: 6/8/2015
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    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.
    Answer Applies to: Texas
    Replied: 6/8/2015
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You having insurance is not an issue. You still can recover in most states.
    Answer Applies to: Alabama
    Replied: 6/8/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    You can still sue.
    Answer Applies to: New York
    Replied: 6/8/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You absolutely can bring a claim. The question is whether the driver and owner of the car that hit you had insurance that is adequate. Even if it is not you can bring a claim against his or her personal assets. Its in Connecticut feel free to call me for a free consultation.
    Answer Applies to: Connecticut
    Replied: 6/8/2015
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Sure you can sue, but who (what judge/jury) will take you serious when you know you are supposed to have insurance, and you have none?
    Answer Applies to: Georgia
    Replied: 6/8/2015
    Ty Wilson Law | Ty Wilson
    You still have a claim, however if the driver who hit you does not have insurance you have a longer process with which to attempt to collect on your claim. You should reach out to a Georgia personal injury attorney and speak with them, the consultation is free. Good luck.
    Answer Applies to: Georgia
    Replied: 6/8/2015
    Geneva Yourse | Geneva Yourse
    Yes, you can still sue or settle. Contact his (the person who it you) insurance company.
    Answer Applies to: North Carolina
    Replied: 6/8/2015
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    This depends on many factors but if you did not have insurance you have a big problem, both civil and criminal. Hire a personal injury/criminal defense lawyer. I can refer you to someone if necessary.
    Answer Applies to: New York
    Replied: 6/8/2015
    Law Offices of Tanya Gendelman, P.C.
    Law Offices of Tanya Gendelman, P.C. | Tanya Gendelman, Esq.
    Yes you can sue the driver who hit you for property damage and personal injuries.
    Answer Applies to: New York
    Replied: 6/8/2015
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