Can I get sue by another driver who totaled my car if I don’t have insurance?

UPDATED: Oct 2, 2022

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Can I get sue by another driver who totaled my car if I don’t have insurance?

I was hit by a woman who totaled my car. I didn’t have car insurance at the time. She got paid by her insurance and now her insurer wats to get the money they gave her for the damaged she caused to her car.

Asked on September 13, 2019 under Accident Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can be sued: the fact that don't have insurance doesn't mean you cannot be sued or would not have to pay, it only means that you don't have insurance to pay for--i.e. that you'd have to pay yourself. Her insurer has the right to sue ("subrogation") to recover the money they paid their client; however, if you refuse to pay them voluntarily, to get the money, they'd have to prove in court by a "preponderance of the evidence" (more likely than not) that the accident was your fault.

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