Can I sue someone who has no auto insurance?

by Lorvin
(Miami, FL)

I was driving a motorcycle and someone made an illegal turn which caused me to crash into the vehicle and get severely injured. The other driver received a ticket for their illegal maneuver. I had no insurance because it isn't required for motorcycles. I consulted a lawyer who said they couldn't do anything because the other person didn't have auto insurance.

I've since lost my job, lost my transportation, failed some college classes I was taking, and suffered damages.

I'd like to know if there is anything I can do since I lost it all? It seems like the other driver should be responsible, yet he gets off scot free because he doesn't have insurance? That's nuts!

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "Can I sue someone who has no auto insurance?":

Lorvin (Miami, FL):

The other driver hasn't gotten of "scot free" yet. Just because she didn't have any automobile insurance doesn't mean that you can't still pursue a legal claim against her.

Because the other driver was ticketed there is every chance she was completely liable for your property damage and any possible injuries you may have endured.

The State of Florida has a 4 years Statute of Limitations for civil cases. That means you have up to 4 years to either settle a legal claim, or file a lawsuit. In addition, you can consider filing a lawsuit against the driver in Small Claims Court. That way you won't have to retain an attorney.

In the State of Florida the maximum jurisdictional limit, or "highest amount" you can sue for in Small Claims Court is $5,000 dollars.

If you file suit and the driver ignores the case you will be able to take a judgment against her for the amount of your damages, and an additional amount the judge may give you for your pain and suffering. The judgment will accrue interest each year.

Once you have the judgment you can file it with the county. That way every time someone runs a credit check on her that judgment will show up. Hopefully someday that will get the driver to pay you.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy