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How do I sue an uninsured motorist who hit me?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Suing uninsured drivers is possible, but it is often an exercise in futility. Car insurance in the form of liability insurance is required because car accidents are expensive. When a car accident occurs, damages can include property damage to a car, as well as medical bills, pain and suffering, lost wages and even emotional distress for an injured victim. There are very few people who have the cash available to pay for all of this, which is why insurance is required in the first place.
Unfortunately, the people who don't buy insurance are the ones who are least able to pay for the damages they cause. If a person doesn't buy insurance it is usually because he either is such an unsafe driver that he can't afford it or because he doesn't have the money to buy it. If you get into an accident with such a person, you can file a lawsuit against him by getting his name, address and other personal information. He will then be served with the papers of the lawsuit and will have to appear in court and deal with it.
Unfortunately, if you get a verdict against him, if he doesn't have the money, the verdict isn't going to do a whole lot for you. The old expression that you can't get blood from a stone applies here- you can't take what he doesn't have. You may be able to garnish his wages, if he has a job, or put a lien on his property if he has one. However, that is going to be about all you can do, and this may mean your damages gets paid very slowly over time or never.
Your best bet, if you can, is to make a claim with your own insurer under your uninsured motorist coverage (if you have such coverage). If you are able to do this, then your own insurer will pay.
If you decide to sue, however, you'll need a lawyer who can assist you in making sure you get as much as you can from the uninsured driver.