Can an uninsured driver be sued for expenses not covered by the victim’s insurance?

UPDATED: May 13, 2009

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Can an uninsured driver be sued for expenses not covered by the victim’s insurance?

My girlfriend and I were hit by an uninsured driver, totaling her car. Her insurance company will cover the damages, but they won’t cover rental car expenses. It’s been a week already, and still no word on when she can expect compensation from the insurance company to buy a new car. In the meantime, she’s racking up quite a bit of money in car rental expenses.Can she sue the driver who hit us? Is it worth it?Thanks,Ed Corcoran

Asked on May 13, 2009 under Accident Law, Massachusetts


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

There is nothing preventing you from suing the person that hit you.  In fact, that is who should have to bear the cost of the rental car, not your girlfriend.  Did your girlfriend get hurt?  If she did, she should be looking into obtaning a lawyer and filing a lawsuit for damages to the car and for personal injuries.  Insurance companies like to play games.  There is no need to take that from them.  she should get a lawyer and place the insurance company on notice...  At the end of the day, she is liable for your girlfriend having to obtain a rental car and will have to pay for it.

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