Can i sue a person for an auto accident that was the other parties fault, if i didnt have auto insurance at the time of the accident?

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Can i sue a person for an auto accident that was the other parties fault, if i didnt have auto insurance at the time of the accident?

I was turning into a housing addition,
when a car came flying up behind me, and
hit my car, totaled my car. I didnt go
to the hospital, so i cant sue her for
injuries. I did not have auto insurance,
but she totaled my car. And the driver
was also intoxicated, and went to jail
that night. Can i sue her for money for
my lost vehicle?

Asked on January 16, 2018 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes: not having insurance doesn't mean that you can't sue or that she does not have to pay for your damage--it just means that she does not have insurance to pay for her. That said, bear in mind that you "can't get blood from a stone" and that a court judgment in your favor does not money appear where there is none: if this woman is insolvent or impoverished or unemployed, etc., you might not get any money if you win. It's only worth suing people who have money. 
Of course, a small claims case is very cheap--you risk little. So if you are suing for less than the limit for your state's small claims court, do so as your own attorney ("pro se"): you may get money, and even if don't, you only waste some of your time and a small filing fee. But if you need to hire a lawyer or can't sue in small claims (non-small claims cases can be very difficult for non-attorneys), first take a good look at this person and decide if you think she could pay if you sued her and won. If you don't think she could--and many uninsured drivers are uninsured because they can't afford insurance or don't really own anything or have any savings/assets worth insuring--it may not be worth taking legal action.


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