If I have no insurance and was involved in an automobile accident, can I sue the other person who was determined by police to be completely at fault?

I drive a car without insurance and I pay the uninsured motor vehicle fee. If I am involved in an accident where my car is damaged and unable to function (ex: total loss) and it is worth more than the $50,000 minimum liability insurance required by the state. Can I sue the other person for damages over the $50,000 that his insurance company pays me (assuming he only has minimum insurance libaility coverage)?

Asked on July 21, 2012 under Accident Law, Virginia


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

You indicate the you are operating a motor vehicle without insurance.  You state that you were involved in an accident which resulted in a total loss of your vehicle.  You are inquiring as to whether you can sue the other driver who was determined to be at fault by the invesigating officer.  If the other driver was found to be at fault, a claim should be made with the other driver's insurance company.  Be advised that there is typically a two year statute of limintations to either settle the case or file suit.  You should consult with an attorney to review your claim as soon as possible. 


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