What should I do if I got hit by a car but the at-fault driver has no insurance?

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What should I do if I got hit by a car but the at-fault driver has no insurance?

She has no license either but the police did not look her up after she ran me over; they let her go with a citation. What can I do? Can I sue if she has no insurance? Can the officer get into trouble?

Asked on December 8, 2014 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) Yes, you can sue if someone has no insurance: all insurance does is provide a way to pay if a person is found liable, without he or she having to pay out of his or her own pocket. That said, someone without insurance may have little or no money or assets--generally, people with something worth protecting get insurance. If she doesn't have any money, then even if you sue her and win, you won't get anything--you can't get money from someone who doesn't have it.

2) The police officer may have made a mistake, but would not be liable to you for it--i.e. you can't sue the offier for this error, because the error did not cost you anything. You could try to report the officer to his superiors, in which case he might face discipline.


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