Can I sue a distracted driver for vehicle damages if they were uninsured when they hit me?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue a distracted driver for vehicle damages if they were uninsured when they hit me?

I was involved in a car accident in August of 2017. I was driving my rental car and approached a red light when I was rear-ended. There were 2 other cars involved in the accident. Myself in the front a middle car who rear-ended me, and the initial impact a distracted driver who, at the time of the accident, admitted he as texting the time. I filed a claim, took photos, and waited to hear back from my insurance company about next steps. I finally heard back from the rental company about a month ago claiming that I owe 7k in damages to the rental vehicle. My car insurance company is saying they’ll cover the damages, however I will have to pay a $500 deductible. I asked why I have to pay the deductible if the car who initiated the accident had insurance at the time. My car insurance company is claiming that the driver

Asked on April 2, 2018 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) You can sue a distracted driver even if he did not have insurance; not having insurance would only mean he does not have insurance to pay on behalf of or for him, not that he is not liable for the damage. If you sue him and win, he'll have to pay out of pocket.
2) They are coming after you because they deem it is easier or most effective in this circumstances. They don't care about fairness--they just want their money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption