HOW TO SUE DRIVER WHO HAS NO CAR ACCIDENT INSURANCE
Our lawyers get calls every week from people who were in a MN car accident and the other driver/vehicle does not have auto insurance. Often the caller’s car was damaged and they want to know how to sue the uninsured driver. There are a few things to keep in mind in this situation:
First, if you have collision coverage (full coverage) on your car, your auto insurance will pay to fix or replace your car even though the other driver was at fault. Yes you will have to pay the deductible. But your insurance company will go after the other driver or vehicle owner. They will try to get their money back and get your deductible back at the same time.
Second, if you sue the uninsured driver yourself, you may interfere with your insurance company’s attempt to collect from the other driver. So, at a minimum, don’t sue the other driver who was at fault in the accident without checking first with your auto insurance company. Another thing to keep in mind is that you should not sue the uninsured driver if you were injured in the car accident. If you were injured in the accident, call a lawyer before doing anything yourself.
UNINSURED MOTORIST INSURANCE COVERAGE
Under Minnesota law, if you are injured in a car accident and the other vehicle doesn’t have insurance, your auto insurance will pay you uninsured motorist benefits to compensate for your injuries. You are entitled to this coverage even if you only have liability insurance coverage. This means your insurance will even pay you pain and suffering compensation the other driver would be responsible for. However, if you sue the other driver who caused the accident, you may lose your uninsured motorist benefits from your own insurance.
There are a few situations where it will make sense to sue the other driver who has no car insurance. The primary situation is where you are not injured, there is damage to your vehicle, and you only have liability insurance on your vehicle. However, the insurance issues are always a bit complicated, so your best bet is to call us and speak with an attorney for a free consultation. Our car accident lawyers have more than 25 years’ experience representing people injured in crashes throughout Minnesota.