Godfrey, Leibsle, Blackbourn & Howarth, S.C.
Godfrey, Leibsle, Blackbourn & Howarth, S.C.

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Elkhorn, WI

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Who can you sue if a driver was uninsured?

There is little worse than finding out that the at-fault driver in your case was not insured when they hit you. Whether their insurance lapsed or they intentionally did not carry it, you are now in a position where you may have to fight to get fair compensation. You will need to get creative when seeking compensation and try to figure out if there are options other than suing the at-fault driver directly.

There are a few different things you can do if the driver wasn’t insured at the time of the crash. The first option is to determine if they were driving a company vehicle or were on the clock at the time of the crash. If so, the driver’s company may be vicariously liable and responsible for paying for the damages.

If the driver was uninsured but the crash involved multiple people who shared fault, you may be able to seek at least some compensation from drivers who did have insurance at the time of the collision.

You may also be able to seek compensation from your own insurance carrier. This is even more likely in a case where you carried uninsured or underinsured motorist coverage yourself.

Why don’t people carry insurance?

Sometimes, people don’t carry auto insurance because they can’t get it. They may have no license or be unable to qualify for a policy due to a poor driving history.

Other times, they may not be able to afford a policy, or they may have allowed their policy to lapse.

Can you sue an at-fault driver even if they don’t have insurance?

Yes, but depending on their circumstances, this may not yield significant results.

For example, if the individual doesn’t have a savings and has a low income, suing them may cost you a lot while not resulting in a significant award that you can actually collect.

On the other hand, if the driver decided not to take out insurance because they are wealthy, they may be in a position to cover the cost of your medical care and lost wages if you sue them for that compensation. This is something to discuss before you decide if you want to take the driver to court.

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