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If you get into a single car accident and your car is not insured who will passengers sue for injuries?

My fiance was in a single car accident with a friend. The friend had no insurance on the car that she was driving. He's trying to sue the insurance company that does not exist. A lawyer has taken the case but if there is no insurance company to sue... isn't he suing the friend?

Update:

i told him this but he claims the lawyer contacted the company and they said that there was insurance... she called the insurance company wth me and they told me there was no insurance... The lawyer isn't telling him he's actually suing the friend...

11 Answers

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  • 1 decade ago
    Favorite Answer

    Yes. Technically, if your fiance was not injured in the accident, there is no need to sue. However, if he faced physical injuries, he could sue for any medical procedures, plus time off from work or school. He could also sue for any emotional trauma occurring due to the physical injuries.

  • 1 decade ago

    You sue the driver of the car, and the owner of the car. Whether or not there is insurance is irrelevant - you don't sue the insurance company, they just pay any judgements up to the policy limit.

    Yes, you ALWAYS sue the friend. If you sue the insurance company, you lose - because they didn't cause the accident.

    Source(s): agent, 21+ years
  • 1 decade ago

    Yes, he is absolutely suing his friend. Even if the friend has insurance he is still suing the friend. You don't sue insurance companies (in 3rd party claims) as they are not the person that is at fault you sue the person that was negligent. If there was no insurance, your fiance might have coverage under his uninsured motorist coverage.

  • fcas80
    Lv 7
    1 decade ago

    Generally a driver can be sued, whether or not he has insurance.

    However, some states have Guest Statutes that do not permit guest passengers to sue the driver unless the driver was grossly negligent.

    If you are in a NoFault state, your own policy may provide NoFault benefits.

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  • Anonymous
    1 decade ago

    This is why people need to have insurance...it is not just to pay for the car if it is wrecked, that is why in all 50 states drivers are required to have at lease PL/PD (personal liability/propert damage) insurance on their cars.

    You are sueing your friend, and you should be!

  • Anonymous
    1 decade ago

    Yes, if there is no insurance, the driver must pay. If your fiance's policy has uninsured/under-insured protection, the lawyer might be going after that.

  • ?
    Lv 6
    1 decade ago

    Friend was driving an uninsured vehicle, which is against the law in all 50 state. Friend is being sued.

    The lawyer knows that. The fiance knows that. And you know that. Worse still is if the 'friend' is a minor.

  • 5 years ago

    Anybody can sue anybody for any reason. But they do not succede that often. This sounds like a pretty weak case unless there is more to the story. Like .... did your uncle turn the car over to you and then you let your sister drive ? Or were you doing something to distract your sister while she was driving.? (tickling her?). The onus of proof is on the plaintiff.

  • Anonymous
    1 decade ago

    there is only one person whom the passenger can sue . that's the driver.however;that doesn't mean your fiance will receive any payments.sorry to say but it will cause a problem and possibly end his friendship with his friend

  • 1 decade ago

    Yes, he is. If the friend loses they will have to either pay up or file for bankrupcy.

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