If I was in a car accident and the other driver is at fault but neither of us had insurance, is there any legal action I can take against him?

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If I was in a car accident and the other driver is at fault but neither of us had insurance, is there any legal action I can take against him?

Now I have a crashed car that I’m still paying on.

Asked on January 24, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Legally, you can sue the at-fault driver; the fact that he or she did not have insurance does not mean that he or she is not liable, or responsible, for your damages--it "just" means that he or she does not have insurance to help him or her pay, but rather would have to pay out of his or her own pocket.

That  said, someone who doesn't bother getting and/or can't afford insurance may not have enough income or assets to pay your losses, so it's possible that you could sue, win, but still not collect money.


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