Q: I was hit by a drunk driver but I did not have insurance, do I have any rights to sue the guy that hit me?
I have the police report and he was found to be at fault. He has no insurance and no license and was on probation for two prior dui convictions.
A: Yes, you can sue him but if he and you did not have insurance then you will just be wasting your time. There will not be any recovery. You should talk to the D.A., maybe he can get him off the road. Just as an afterthought, were you living with a relative or by yourself? Best of luck.
A: YES you do.
however, you can NOT collect for pain and suffering.
you can collect your med bills and loss of earnings.
if the defendant driver did not have insurance you can get a ruling but Try to Collect from him?
talk to the DA to demand DA make restitution a condition of probation.
i wouldn't be surprised if you file yourself in small claims court where you can sue for up to $10k
A: Yes, but your rights are limited. You can recover only your economic damages like medicals, damage to your car, and lost wages; no pain and suffering, or other "non-economic" damages. You may also get a ticket for driving without insurance. Besides, he probably has nothing to pay you with, if you do get a judgment against him. Immediately obtain insurance, with an uninsured motorist clause.
Tim Akpinar agrees with this answer
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A: You can sue him but the penalty for you not having insurance is that you are not allowed pain and suffering damages. You can get your car damage, medical bills and any other hard cost expenses like wage loss, etc.. You can sue him in small claims court.
A: Yes, you can sue. Contact a PI attorney to get a free consultation on your specific case. However, since the DUI driver had no insurance, it sounds like you may not actually collect anything. It is possible that there might be other potential defendants, though.
A: Yes you should contact an attorney to see if they can look for additional insurance, for example the owner of the car may be different, and yes I agree with all the other attorneys, small claims court an option, DA in the criminal case with victim restitution as well. Good Luck.
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