Can I sue a distracted driver for vehicle damages if they were uninsured when they hit me?

I was involved in a car accident in August of 2017. I was driving my rental car and approached a red light when I was rear-ended. There were 2 other cars involved in the accident. Myself in the front a middle car who rear-ended me, and the initial impact a distracted driver who, at the time of the accident, admitted he as texting the time. I filed a claim, took photos, and waited to hear back from my insurance company about next steps. I finally heard back from the rental company about a month ago claiming that I owe 7k in damages to the rental vehicle. My car insurance company is saying they’ll cover the damages, however I will have to pay a $500 deductible. I asked why I have to pay the deductible if the car who initiated the accident had insurance at the time. My car insurance company is claiming that the driver

Asked on April 2, 2018 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) You can sue a distracted driver even if he did not have insurance; not having insurance would only mean he does not have insurance to pay on behalf of or for him, not that he is not liable for the damage. If you sue him and win, he'll have to pay out of pocket.
2) They are coming after you because they deem it is easier or most effective in this circumstances. They don't care about fairness--they just want their money.


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