What can I do if my truck was hit from behind while I was waiting behind other cars at a train crossing but the vehicle that caused accident did not have insurance?

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What can I do if my truck was hit from behind while I was waiting behind other cars at a train crossing but the vehicle that caused accident did not have insurance?

I have full coverage but my insurance will only give me blue book value for vehicle. It would cost twice that much to replace. I did not accept any offer from my company. Can I sue other driver in civil court?

Asked on December 30, 2014 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you are allowed to sue the other driver, but that does not mean you'll get the money from them: if they don't have money, it doesn't matter whether you win or how much, you can't receive it from them. (As an old saying goes, you can't get blood from a stone.) If someone did not have insurance, that generally means that either they could not afford to pay for insurance (which implies they have little or not money) and/or that they believe they having nothing worth protecting with insurance.


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