Can I take an uninsured person to court for my deductible?

UPDATED: Oct 1, 2022

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Can I take an uninsured person to court for my deductible?

A lady rear ended me with no insurance at a
stop light an my insurance company stated I
had to pay the deductible because she was
uninsured? If I can take her to court. How
would I do this if it happened 2 hrs away would
I go for more then my deductible? Like court
cost? Gas? An time off work?

Asked on May 12, 2019 under Accident Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Yes, you can sue an uninsured driver for any amounts not paid by your insurer, such as your deductible.
2) You cannot sue her for your time spent suing her or travel costs to court: the law does not let you recover for those things. You have to bear your own lost wages from court time and gas, tolls, parking, etc. for court costs yourself, and you need to factor those costs into the decision as to whether suing is worthwhile.
3) You can recover the actual court filing costs.
4) In deciding whether to sue or not, bear in mind that people who can't afford insurance often do not have money or assets to pay a judgment against them--you could sue, win, and still get nothing.

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 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.

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