Your ability to sue in no-fault states is restricted—you typically can’t sue the other driver unless you suffered serious injuries and/or incurred medical bills over a certain amount. But when the other driver has no insurance, filing a lawsuit can be something of a dead end (more on this later).

How long after an injury can you sue?

two years
In California, the statute of limitations for personal injury cases gives an injured person two years from the date of the injury to go to court and file a lawsuit against those who could be at fault.

What happens if you hit a car that is not insured?

The state of California legally requires all drivers to carry insurance. Failure to carry car insurance may result in criminal charges within the state. Drivers without car insurance may not seek non-economic damages after a collision. This reduces the amount of compensation you may have to provide to a driver.

Can a person Sue you for a car accident?

Another common reason for being sued for a car accident is due to not having any insurance. If the other driver is injured and wants their medical expenses and lost wages to be covered, but you do not have the auto insurance policy to cover those damages, then they can sue you directly.

Is it necessary to file a police report after a car accident?

If the offending driver hasn’t fled the scene, a report sometimes isn’t necessary (if a driver has been injured, however, a report is required). It certainly helps, and it expedites the claim. However, it doesn’t bar the claim from going forward. What this means is that a police report isn’t a requirement for someone to sue you.

Can a person Sue you If there is no police report?

A plaintiff can absolutely come back days or even months later and decide to sue you, even without a police report – she just has to be within the statute of limitations. And just because a police officer didn’t come to the scene doesn’t mean that the plaintiff didn’t file her own incident reportafter the fact.

What happens if you get in a car accident with no insurance?

If you’re in a collision with another automobile or a cyclist, this coverage would pay for their property and their treatment as long as you’re the negligent party. If you’re in an auto accident without insurance and not at fault, it’s the other driver’s insurance that would, in turn, pay for your damages and medical bills.