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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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