If I was uninsured and in a car accident, can I sue and collect from the at fault driver’s insurance company if they refuse my claim?

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If I was uninsured and in a car accident, can I sue and collect from the at fault driver’s insurance company if they refuse my claim?

The policy report says it was the other persons fault and that my light at the time of the accident was yellow. The other party is saying I went on a red light when he was making a left. They have no proof other than their insured’s statement. They have denied my claim. If I take him to small claims court and win, can I collect the settlement from his auto insurance company?

Asked on March 29, 2012 under Accident Law, California

Answers:

Gene Meltser, Esq. / BIRG & MELTSER

Answered 8 years ago | Contributor

Absolutely!Even though you MUST carry insurandoes the lacoff it does not negate the other driver's liability for damages caused. Contact me at [email protected] bmlaw.com


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