Can I Sue an Uninsured Driver Personally?
Yes, you can sue an uninsured driver in court, but many have few or no assets to collect. In most cases the practical path is a uninsured motorist (UM) claim against your own insurance. This page explains when a personal suit may be worth it and when to focus on UM.
Suing the Driver vs. Filing a UM Claim
A lawsuit against the at-fault driver can result in a judgment for your damages, but collecting requires the driver to have assets, wages, or property. Many uninsured drivers do not. A UM claim pays from your own policy up to your limits—no collection battle. A lawyer can advise whether the driver’s assets justify a personal suit in addition to or instead of UM.
When a Personal Suit Might Make Sense
If the driver has real estate, a business, or significant wages, a judgment might be collectible. You might also sue to establish liability or if your UM limits are exhausted and you have additional damages. An experienced Los Angeles car accident lawyer can investigate assets and recommend the best path.
Next Steps
Report the accident and file a UM claim if the other driver has no insurance. Keep medical records and avoid giving a recorded statement to the other side before talking to a lawyer. We can help you decide whether to pursue the driver personally and handle the UM claim for full value.
FAQs
Can I sue an uninsured driver personally?
Yes. You can file a lawsuit and obtain a judgment. Collecting depends on whether the driver has assets, wages, or property. Many uninsured drivers do not.
Should I sue or just use UM?
Usually UM is the practical path because it pays without a collection fight. A lawyer can advise if the driver’s assets make a personal suit worthwhile.
Will I get more money if I sue the driver?
Only if the driver has collectible assets. A judgment against someone with no assets does not pay your bills. UM pays up to your policy limits.
Can I do both—UM and sue the driver?
Depending on your policy and the facts, you may pursue both. Your lawyer can coordinate so you don’t double-recover and can maximize recovery.
Related: at-fault driver no insurance, uninsured motorist claims California, what to do after a car accident.