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.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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?
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.
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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.
The insurance aspect of your posting is contradictory. Your lawyer would know best, so call him/her to discuss.
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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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