other driver has insurance that won’t cover accident caused by them, can I sue.

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other driver has insurance that won’t cover accident caused by them, can I sue.

Another driver has insurance, however insurance will not pay because that individual was delivering pizza. Can I sue the individual for repair costs?

Asked on March 8, 2017 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, the fact that the other driver's insurer will not compensate you does NOT mean that the other driver is not at fault or would not be liable for your damages or losses. That the insurer will not pay means they don't have insurance to pay for them; it does not mean that you cannot sue them for any amounts not paid by your own insurance. If you sue them and win, they will have to pay out out of pocket.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, the fact that the other driver's insurer will not compensate you does NOT mean that the other driver is not at fault or would not be liable for your damages or losses. That the insurer will not pay means they don't have insurance to pay for them; it does not mean that you cannot sue them for any amounts not paid by your own insurance. If you sue them and win, they will have to pay out out of pocket.


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