
Yes, you can generally sue someone who hit your car and doesn't have . The legal right to file a lawsuit for property damage exists. However, winning the case and actually collecting the money are two very different challenges. If the at-fault driver lacks the financial means to pay, even a court judgment in your favor might be unenforceable, a situation often called being "judgment-proof."
Your first step should always be to turn to your own auto insurance policy. If you have collision coverage or uninsured motorist (UM) property damage coverage, this is precisely what it's for. You would file a claim with your own company, pay your deductible, and get your car repaired. Your insurer would then likely pursue the at-fault driver themselves through a process called subrogation to recover the costs and potentially your deductible.
Suing directly is typically a last resort, considered when:
The process involves filing in small claims court (for claims under a certain dollar amount, which varies by state) or civil court. You'll need to provide evidence like the police report, photos, witness statements, and repair estimates. The table below illustrates the prevalence of uninsured drivers, which highlights why relying on your own coverage is so critical.
| State | Estimated Percentage of Uninsured Drivers (2022) | Small Claims Court Limit for Property Damage |
|---|---|---|
| Mississippi | 29.4% | $3,500 |
| Michigan | 25.5% | $6,500 |
| Tennessee | 23.7% | $25,000 |
| New Mexico | 21.8% | $10,000 |
| Washington | 21.7% | $10,000 |
| California | 16.6% | $10,000 |
| New York | 10.5% | $5,000 |
| Massachusetts | 3.5% | $7,000 |
Ultimately, while the legal system provides a path, the most practical and reliable solution for getting your car fixed quickly is often through your own insurance coverage.

Been there. You can sue, but it's often a hassle. I just used my own . I had to pay my $500 deductible, but they handled everything—the rental car, the repairs. They went after the other guy so I didn't have to. It was way less stress. Check your policy first; you might already be covered for this exact situation. It's the easiest way out.

Legally, yes, a lawsuit for damages is an option. The practical hurdle is collection. A court judgment is just a piece of paper; it doesn't magically produce money. You may need to undertake further actions like wage garnishment or a lien if the person has assets. This process requires time and often additional legal fees. Weigh the potential recovery against the certain investment of your time and effort.

Focus on the immediate solution: your own . If you have the right coverage, they become your advocate. They pay for the repairs and fight the battle for you. Suing should be a secondary thought, mainly for situations where the damage is massive and the other party clearly has the means to pay. For most fender-benders, going through your own provider is the most efficient path to getting back on the road.

It’s incredibly frustrating. The law is on your side in principle, but it feels unfair because the burden shifts to you. The person who caused the accident faces few immediate consequences, while you’re stuck navigating and deductibles. The real lesson here is to review your policy and make sure you’re protected against uninsured drivers. It’s a common problem, and having that safety net is what truly gives you peace of mind.


