Can I get sue by another driver who totaled my car if I don’t have insurance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get sue by another driver who totaled my car if I don’t have insurance?
I was hit by a woman who totaled my car. I didn’t have car insurance at the time. She got paid by her insurance and now her insurer wats to get the money they gave her for the damaged she caused to her car.
Asked on September 13, 2019 under Accident Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, you can be sued: the fact that don't have insurance doesn't mean you cannot be sued or would not have to pay, it only means that you don't have insurance to pay for--i.e. that you'd have to pay yourself. Her insurer has the right to sue ("subrogation") to recover the money they paid their client; however, if you refuse to pay them voluntarily, to get the money, they'd have to prove in court by a "preponderance of the evidence" (more likely than not) that the accident was your fault.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.