My friend totaled my uninsured car, can I sue him?

Question

He and the person who caused the accident were uninsured.

Answer 1

Sure, here in the USA, you can hire a lawyer at $250 an hour, and sue anyone for anything.

Will you win?  You won't win a suit against him, if he didn't cause the accident.  You also won't win, if YOU had no insurance, and you're in a "no pay no play" state like CA.

You might win against the guy that caused the accident - then you'll get a judgement, which you likely won't be able to collect on.

Best thing to do, is file a claim with your insurance company.  If you're uninsured, file a claim in small claims court for your car, against the guy that caused the accident.

Answer 2

If he took the car without your permission it might be possible, but if you let him borrow it then you can't cause it was with your consent

Answer 3

Sure, but you will be asked to accept a level of responsibility, possibly up to 100% of the loss, if you actually were dumb enough to lend him the car, especially if he believed it was insured.

Answer 4

Yes you can.

Should you, well that depends on how good a friend he is.

As for me I can't afford friends that are that high of maintenance items.

Can you?

Keep in mind ability to pay. What good is a judgment against them if they can not pay?

You may end up loosing more then the car. Like a friend, owing a lawyer and the court for a debt that can not be collected.

In short, you might be money ahead to just replace the car and your friend (?).

Answer 5

No if your state has mandatory insurance law.or if you gave him permisson to drive it.

Answer 6

Be careful here.   Your friend can sue you for any injuries he sustained in the accident.   Just take the loss and learn next time to get insurance on your next vehicle.   The answer to your question is yes you can sue him.   Will you get anything out of it?   Maybe, but you may be paying for more than you bargained for.