What can I sue for in a car accident with no injuries?

I was in an accident with an uninsured driver and my car was totaled. My insurance will cover the cost of the car and there were no injuries. Can I still sue the other person? I have suffered the loss of my vehicle at a time in which I need it badly. Also, I had to pay to get the car out of the tow yard, which is going to hurt my ability to pay bills. Even though my insurance will reimburse me, it will take longer than the amount of time I have. I was not at fault in this accident, as determined by police on the scene and other witnesses. The accident occurred at the intersection of a camera light although I didn’t see it flash. Can I sue the other person despite lack of injury and with the small coverage my insurance company will give me?

Asked on November 26, 2011 under Accident Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can always sue the other person because that person was at fault. Insurance companies (if the person was insured) is just an additional entity you would sue if that person was insured. Also check with your state and see if there is some sort of automatic uninsured motarist fund or something that might be additionally available. Otherwise, sue the individual for all monies you are out, including those for which your insurance will pay and see if this is going to help. Keep in mind, suing and winning is just one step. Then you have to go through the process of collecting on that judgment, for which you may have actually up to 10 years to collect. Lawsuits are not overnight and keep in mind you also need to mitigate your damages.

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