If I got rear-ended, can take the person to small claims court for damages even though I didn’t have car insurance when the accident happened?

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If I got rear-ended, can take the person to small claims court for damages even though I didn’t have car insurance when the accident happened?

Asked on May 31, 2012 under Accident Law, Illinois

Answers:

Michael Gainer / Michael J. Gainer, Attorney At Law

Answered 9 years ago | Contributor

Yes.  There may be a specific statute in your state that requires you to have insurance to sue for damages, but I doubt it.  It would be like someone hitting you with their bicycle or an object; just becasue you don't have insurance to protect you from these things doesn't mean you can't sue for damages. 

You Complaint would simply allege that you were safely in your car where you were supposed to be, the other car rear-ended you, the driver was negiligent because he/she had a duty to travel safely and follow at a safe distance, they breached that duty and you sustained damages.


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