Yes, you can generally sue someone who hit your car and doesn't have insurance. 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:
- You don't have collision or UM coverage.
- The cost of repairs significantly exceeds your deductible.
- You have evidence the other driver has assets (like a house, savings, or a steady job) that could be used to pay a judgment.
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.
