Can i sue two cars that hit me? Even though they don't have insurance?

Asked over 1 year ago - Santa Ana, CA

I was in a car accident couple months ago.
Two cars involve .
First car: hit me .
Second car: at fault for getting a flat tire in the middle of the freeway witch made the first car loose control. That resulted hitting my car!
Second car: crashes into me also .
Second car: from research by attorneys . They don't have a insurance.
First car: has insurance but not willing to pay since it wasn't its fault to loose control. And crash into me.
Can i sue them directly?

Attorney answers (6)

  1. Daniel Nelson Deasy

    Contributor Level 20

    10

    Lawyers agree

    Answered . Yes, you can sue both drivers. The real question is will you prevail. Sit down with a personal injury attorney (if hurt) or a civil litigator to discuss the remedies more fully.

    Best of luck.

    DD

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  2. Malosack Berjis

    Contributor Level 20

    7

    Lawyers agree

    Answered . First of all, the heading of your post ("...they don't have insurance") contradicts the body of your post ("First car: has insurance"). Secondly, what did your attorneys say about whether you can sue either or both parties directly?

  3. Erin Marie Stratte

    Contributor Level 6

    7

    Lawyers agree

    Answered . Each driver that bears fault in a car accident has liability in California, as do the owners of the respective at-fault vehicles, even if they were not driving. If there was negligent repair in the vehicle that was disabled in the middle of the freeway, the repair shop may also be liable. An insurance company covers the costs of liability of the insured up to the policy limit and after that the insured is personally liable for the balance if they incur liability above that limit. If a person is not insured, they are still liable for damage they cause. Hopefully you contacted police and got a police report to protect your interests. Also if you are injured you are seeking medical attention for your injuries. You should contact an attorney for assistance with your case in your area.

    Answers I provide on Avvo are for informational purposes only and do not create an attorney client relationship.... more
  4. Jeffrey Ira Schwimmer

    Contributor Level 19

    8

    Lawyers agree

    Answered . under the law, it is the driver/owner who are liable where negligence caused an accident resulting injury/damage, regardless of whether there is insurance. As a practical matter, while you can legally sue someone who does not have insurance, the question is will that person have assets sufficient to collect a judgment against. good luck.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . The insurance aspect of your posting is contradictory. Your lawyer would know best, so call him/her to discuss.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Richard Andrew Harting

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Yes you can and should sue both. However, if you have uninsured motorist coverage you should take that avenue for recovery and make sure to have an attorney.

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