Sure - but the easy thing to do - is call your insurance company and file an uninsured motorist claim. Your company will step up and pay for the things the other driver's company should have paid for (there may be a deductible for the pd claim - 100-200). Once all claims are settled - your insurance company will pursue the at fault party for re-payment. In the mean time - you have your claims settled and have gotten on with life.
2007-12-17 12:07:17
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answer #1
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answered by Boots 7
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Yes. You CAN sue. You can win, too. However, collecting is another matter entirely. Chances are that if they didn't have insurance, they're not responsible people. Irresponsible people rarely have money in the bank. Quite often they don't even have a job. So you can sue and win but you probably still won't get paid. Now you have to hire a collection agency to harass them or garnish their wages if they have a job. If they don't you're pretty much screwed. They probably already have bad credit so they'll be unconcerned with the threat of that. They most likely won't own anything of value like a home or something. Hopefully they'll be decent and want to make right with you. If that's the case they may agree to make payments to you - in which case you luck out. All you really have if you sue is legal proof that they owe you money. Just look at O.J. and the Goldman family. Sure, he owes them but you don't see him paying and you can't put someone in jail for owing you money. That's reserved for the justice system. Good luck with that.
2007-12-17 09:42:32
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answer #2
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answered by Davido 2
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IF your insurance company covers the damages, you cannot sue, as you are not entitled to collect twice. Your insurance company subrogates to try to collect what they have paid out. This is a right (and a responsibility) you have conferred upon them in the application documents and conditions that form part of the policy. If you are dumb enough to carry only liability, then you are on your own to sue, and try to collect money from somebody that likely has none. There are 3 types of people who carry no insurance. One is the person who doesn't believe in it. He may have assets to go after. Two is the person who is careless and forgetful. Likely fewer assets to go after. Three is the person who cannot afford insurance, and who likely has no assets to go after. Unfortunately, the third is the most common.
2007-12-17 09:44:36
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answer #3
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answered by Fred C 7
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Yes, but as others have said, those without insurance usually have little else to collect from if you prevail. Everyone should carry uninsured motorist coverage, then YOUR insurance will fix your car and go after the at fault person with all their resources.
If the court will pull their driving privileges until you have been satisfied, that is usually a more effective way to collect.
2007-12-17 09:29:37
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answer #4
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answered by oklatom 7
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Most states require that you sue the uninsured motorist (or a fictitious John Doe hit and run driver when litigating the second category of uninsured motorist claim) for your injuries in order to prevail on a breach of contract action against your insurance carrier. Some states such as Virginia require that you actually obtain a judgment against the uninsured motorist (while serving your uninsured motorist carrier in the lawsuit so that your carrier can defend the suit) and then demand payment from the uninsured motorist carrier prior to suing your carrier for any breach of an uninsured motorist provision.
Njection.com
http://njection.com/speedtrap
2007-12-17 09:17:53
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answer #5
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answered by Shannon A 1
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This just happened to me last week. I'm paying the 250 beans that "I have to pay" because some tird decided to hit me and didn't have a license or insurance. The Officer said I could sue him. I'm pissed off cause I have to pay. If you can't sue them, then we should be able to beat them up at least. Maybe then they would think twice when getting in that drivers seat.
2007-12-17 09:24:34
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answer #6
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answered by Nobody_Here 4
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confident. you could sue. you could win, too. whether, amassing is yet another be counted fullyyt. probability is that in the event that they did no longer have coverage, they at the instant are not in charge human beings. Irresponsible human beings not often have money interior the financial company. somewhat oftentimes they do no longer also have a job. so which you would be able to sue and win yet you probably nonetheless won't gets a commission. Now you're able to hire a sequence organisation to annoy them or garnish their wages in the event that they have a job. in the event that they do no longer you're notably plenty screwed. They possibly already have very undesirable credit so they're going to be unconcerned with the risk of that. They maximum possibly won't very own something of cost like a house or something. optimistically they're going to be good and characteristic the want to make suitable with you. if it is so they might conform to make money to you - wherein case you luck out. All you fairly have in case you sue is criminal evidence that they owe your cash. purely look at O.J. and the Goldman relatives. advantageous, he owes them yet you do no longer see him paying and you're able to't positioned somebody in detention center for owing your cash. this is reserved for the justice device. good luck with that.
2016-11-03 21:28:57
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answer #7
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answered by ? 4
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Yes, but consider this: if they didn't have the money to pay for an insurance policy, they likely won't have the money to pay any judgment you might win. The only thing you can do is contact a lawyer who'll investigate that question and advise you whether or not to proceed. And the lawyer won't do that investigation for free - you'll pay for his/her time no matter what.
2007-12-17 09:18:55
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answer #8
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answered by Anonymous
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You not only can, you have to! They have no insurance, and therefore were breaking the law, and also caused the accident. You don't have to pay, you take them to court!
2007-12-17 09:21:14
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answer #9
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answered by metroidfan220 4
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Of course you can sue them. Even if they can't pay all at once, they will have to pay - even if little by little.
Good Luck.
2007-12-17 09:20:36
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answer #10
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answered by Lover not a Fighter 7
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