What should I do if I got hit by a car but the at-fault driver has no insurance?

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What should I do if I got hit by a car but the at-fault driver has no insurance?

She has no license either but the police did not look her up after she ran me over; they let her go with a citation. What can I do? Can I sue if she has no insurance? Can the officer get into trouble?

Asked on December 8, 2014 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) Yes, you can sue if someone has no insurance: all insurance does is provide a way to pay if a person is found liable, without he or she having to pay out of his or her own pocket. That said, someone without insurance may have little or no money or assets--generally, people with something worth protecting get insurance. If she doesn't have any money, then even if you sue her and win, you won't get anything--you can't get money from someone who doesn't have it.

2) The police officer may have made a mistake, but would not be liable to you for it--i.e. you can't sue the offier for this error, because the error did not cost you anything. You could try to report the officer to his superiors, in which case he might face discipline.


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 AttorneyPages.com 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.

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