If you are involved in a motor vehicle crash in the State of Washington, can you be sued by a motorist who was not carrying motor vehicle insurance? I have not yet been able to find this in the RCW (Revised Code of Washington). However, I have had rumors that they cannot sue because they were not carying insurance. Help!
2006-07-25 06:18:31 · 11 answers · asked by Adam the Engineer 5 in Cars & Transportation ➔ Insurance & Registration
Yes you can be sued by the other driver. If you're at fault for an accident, then it is only right for you to pay for any damages you may have caused.
The uninsured motorist can sue you for his/her property damages, medical bills and/or lost of wages if there are any. He/she cannot sue you for general damages which includes such things as "pain and suffering."
In addition, the UM has the burden of proof to prove that 1. the accident is your fault, and 2. the amount he/she is suing for is reasonable for the accident. The UM will have to provide documents that show exactly what you owe. They can't just throw an amount in the air. Also, even if they have documents, you can still argue if they are unreasonable. For example, if the damage on their car is only $100, then going to a doctor more than 1x would be excessive.
2006-07-25 06:50:48 · answer #1 · answered by mikeygp4 2 · 2⤊ 1⤋
Judging by the fact that you're the one being sued, it would appear that he/she believes that you were at fault.
If that is the case, the fact that the other motorist has no insurance does not release you from the responsibility to operate your vehicle in a safe manner (i.e. don't hit anybody.) I certainly hope that I would never be denied the ability to sue someone who I believed did me wrong, based on the fact that I had violated a law that had no direct bearing on the incident, itself.
If it is the case that you are not at fault, then nail the sucker to the wall.
2006-07-25 06:25:05 · answer #2 · answered by DrewDane 4 · 0⤊ 0⤋
They probably can but you could argue that, since they were not insured, they should have not even been on the road and operating a motor vehicle. So, perhaps if you have a good lawyer they could use that fact to defend you against the person sueing you.
2006-07-25 06:28:29 · answer #3 · answered by layzriver 4 · 1⤊ 0⤋
In today's society you can sue or be sued by anyone for anything.
In my opinion what would matter if they were carrying insurance or not, if you cause the accident then you are at fault. That is the issue, not who was carrying insurance or not. And if you are insured and get sued due to an accident the insurance company will handle your litigation for you.
2006-07-25 06:23:51 · answer #4 · answered by ubet426 4 · 1⤊ 0⤋
You could, but who would look better against a judge? You an insure responsible driver. Or this loser uninsure motorist?
2006-07-25 06:35:57 · answer #5 · answered by Shadow 4 · 1⤊ 0⤋
Make sure its not an illegal alien they have all the rights these days! Your insurance co. could pay big$$.Call a insurance co. they will let you know.
2006-07-25 06:34:29 · answer #6 · answered by ~Aqua.. 4 · 1⤊ 0⤋
sure...you can be sued by anyone at anytime but remember the burden of proof lies on the plaintiff so they will have to prove your responsibility.
2006-07-25 06:22:07 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Yes, they can. Whether they have insurance or not, generally, makes no difference.
2006-07-25 06:25:51 · answer #8 · answered by www.lvtrafficticketguy.com 5 · 1⤊ 0⤋
anybody can sue you with the right lawyer i say yes
2006-07-25 06:23:28 · answer #9 · answered by lugwrench3@verizon.net 3 · 1⤊ 0⤋
If you are at fault, they can sue.
2006-07-25 06:22:12 · answer #10 · answered by Not Tellin 4 · 1⤊ 0⤋