Can I sue an uninsured driver even though I was also without insurance?

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Can I sue an uninsured driver even though I was also without insurance?

An uninsured driver recently hit my car and “was at fault” according to police. I also was without insurance (forgot to pay my last premium and the policy expired though I thought I already paid it(only 2nd time in 35 years). Anyways, I think I read that you can sue for damages/repairs no matter if anyone had any insurance at all at the time of the accident as he was still at fault. Is this true? Can I sue and try to recoup my out of pocket expenses so far? Would I need a lawyer or just take it to small claims court? Repairs and doctor costs are around $5500 so far.

Asked on December 7, 2010 under Accident Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Driving without insurance - like driving without a license - is not what is known in the legal world as an "indicia" of negligence.  In other words, just because you violated a law that was ancillary to the laws that govern bad driving and sort of "pre-requisites" to driving does not mean that you drove badly and caused the accident.  If you were not at fault then you can sue for the damages that resulted from the negligence of the other driver.  Now, I would strongly suggest that you take all your evidence to an attorney for consultation on the matter.  Consultations are generally free in negligence actions.  You need to understand what proof you  have and what is admissible as proof in court. Good luck. 


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