If my car was totaled a few months back due to the other driver running a red light but I was uninsured, can I still sue?

Can I still sue these people for damages if I can prove they ran a red light or will the fact that I didn’t have insurance just get my case thrown out at the start? I don’t see how my not having insurance clears someone else from running a red light. I’ve had people tell me the judge would say my vehicle shouldn’t have been there without insurance at all and So I basically have no rights, and I had someone else tell me my not having insurance is a criminal charge and could not be addressed in the same court case as accident itself.

Asked on July 30, 2015 under Accident Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is irrelevant that you didn't have insurance because the other party was at fault in the accident.

You can file a property damage claim with the at-fault party's insurance carrier for the loss of your car.

If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the registered owner of the at-fault party's vehicle.  The driver of the at-fault party's vehicle should also be named as a defendant in your lawsuit for negligence if the driver was someone other than the registered owner.

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