HOW TO SUE UNINSURED DRIVER WHO WAS AT FAULT IN CAR ACCIDENT
Our lawyers get calls every week from people who were in a MN car accident and the other driver/vehicle did not have insurance. Often the caller says their car was damaged and they want to know how to sue the uninsured driver or hold the other driver/owner responsible. 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 to get their money back and get your deductible back at the same time.
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. 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- even if you only have liability insurance coverage. This means your insurance will even pay you pain and suffering compensation the other driver should be responsible for. However, if you sue the other driver who caused the accident, you may lose you 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 will be 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 you 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.