If I was at fault for the accident and my insurance does not pay the claim because the other driver was unisured can they sue me?

UPDATED: Sep 30, 2022

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If I was at fault for the accident and my insurance does not pay the claim because the other driver was unisured can they sue me?

My insurance does not want to pay to get the other drivers car fixed.

Asked on September 20, 2016 under Accident Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, if you were at fault in causing an accident, the injured party (e.g. the other driver) can sue you for any and all costs, damage, or injuries which you caused. An at-fault driver can always be held liable for the damage, etc. he or she does. You should check the terms of your policy if you are sued, to see if your insurer actually should be defending you or paying on your behalf in these circumstances; an insurance policy is a contract, and the insurer *must* pay when the contract says they should. So don't take your insurer's statement at face value--check it by reviewing your policy and, if you believe your insurer should pay but is not, you could sue your own insurer for "breach of contract" (violating their policy obligations) to make them pay.

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