Should I sue after a car accident when the driver had no car insurance or drivers license? If I do what can I sue for?

Asked about 4 years ago - Chattanooga, TN

The driver of the accident pulled out into traffic in the turning lane which is where I was and hit me head on. She has no drivers license nor did she have car insurance. She was cited for failure to yield right of way.

Attorney answers (4)

  1. Jason Matthew Miller

    Contributor Level 9

    Answered . A lawyer cannot tell you whether you should or shoud not sue, only whether you have a viabale cause of action if you wish to sue. In this case, you could sue for your damages. As noted by the other attorneys answering this inquiry, if the person who hit you had no insurance you may proceed against your own uninsured motorist insurance coverage if you carry such insurance. In that context, your own UM carrier would pay any judgment up to the amount of your poicy limits should you sue the person who hit you and you prevail. You should discuss this issue with an atotrney in your county where you reside.

  2. Jeremiah Michael Hodges

    Contributor Level 11

    Answered . Making a decision as to whether or not to file a lawsuit is not a simple one that can be made based on very limited information. A good lawyer can analyze the important details after a lengthy phone consultation or in person meeting. After such analysis, a lawyer can provide your with information about the rights that you may have. Others have mentioned underinsured/uninsured motorist or UM/UIM coverage. You need to check your "declarations page" on the front of your automobile insurance policy and see if you have UM/UIM coverage. If a police report was done, you might want to go ahead and get a copy. We would be happy to help you determine whether or not you have a claim you might wish to pursue.

    Jeremiah M. Hodges
    Cole and Hodges, P.C.
    1-888-539-3110

  3. Gerald Gregory Lutkenhaus

    Contributor Level 18

    Answered . Hopefully, even though the other driver did not have insurance you had uninsured coverage through your policy. You can contact your own insurance company about the damage to your vehicle. If you have injuries, you should consult a personal injury attorney in your area.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

  4. Jeffrey Michael Donato

    Contributor Level 14

    Answered . You should contact a Personal Injury Attorney in your area and ask for a Free Initial Consultation right away. Generally speaking, if the other driver does not have insurance, you may be able to pursue a claim against your own insurance company under what is known as the "Uninsured Motorist" provision. I highly recommend you speak with an attorney and have them review your policy. He/She will gladly explain how an uninsured motorist plays out in your state. Good luck.

    THIS RESPONSE DOES NOT IMPLY OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS IMPLIED OR CREATED BY RESPONDING OR FAILING TO RESPOND TO THIS RESPONSE. THIS RESPONSE DOES NOT PROVIDE LEGAL ADVICE. FOR LEGAL ADVICE, YOU SHOULD CONSULT AN ATTORNEY.

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