Am I able to sue the person who hit me even if my vehicle was not have insurance?

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Am I able to sue the person who hit me even if my vehicle was not have insurance?

I know that I may not be able to sue the
insurance company. However can I sue the
man and the company he works for?

Asked on January 22, 2019 under Accident Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The at-fault driver is liable for all damages. Accordingly, since you were not responsible for the accident, whether or not your vehicle was insured is irrelevant. However, what is relevant is if the at-fault driver has insurance. If so, then you can sue the driver since they will have coverage to pay for your damages. If the other driver was not insured, you can still sue them but may have trouble collecting if they have little funds/assets from which to collect.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you can sue the other driver even if you did not have insurance. Assuming he was at fault--since only an at-fault, or negligent or careless driver would be liable, or financially responsible--you can recover for your costs, injuries, and/or property (e.g. car) damage. To win, you'd have to prove his fault.
You can sue his insurer IF he was driving for work at the time.
By the way, you never sue the insurance company--you always sue the other driver (if you win and they are insured, their insurance should pay, at least up to his/her policy limits).


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