Highland, CA asked in Civil Litigation and Personal Injury for California

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.

6 Lawyer Answers

Manuel Alzamora Juarez

PREMIUM
Answered
  • Berkeley, CA
  • Licensed in California

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.

Timur Akpinar agrees with this answer

Dale S. Gribow

Answered
  • Palm Desert, CA
  • Licensed in California

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

Timur Akpinar agrees with this answer

Kenneth Sisco

PREMIUM
Answered
  • Norco, CA
  • Licensed in California

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.

Timur Akpinar agrees with this answer

1 user found this answer helpful

Theodore Allan Greene

Answered
  • Sacramento, CA
  • Licensed in California

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.

Timur Akpinar agrees with this answer

William John Light

Answered
  • Riverside, CA
  • Licensed in California

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.

Timur Akpinar agrees with this answer

Alexander Bakhache Perez

Answered
  • Fullerton, CA
  • Licensed in California

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.

Timur Akpinar agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.