Can I sue if I am uninsured and another driver hit me?
You have been involved in a car accident that was not your fault. Another driver, one with insurance, hit you and caused considerable medical expenses. One of your biggest issues is that you are uninsured. Can you still sue and get help for your bills?
First, no two situations are exactly the same, so it is always a good idea to meet with a lawyer (many offer free consultations.) In general, though, you should be able to sue for medical expenses and lost wages. However, you are not able to sue for pain and suffering when the car is uninsured, according to California Civil Code.
Your passengers can sue for pain and suffering
On the other hand, if there were injured passengers in your car, they can sue the other driver for pain and suffering. So, while you might not be able to seek comprehensive relief, your spouse, children, relatives or friends who were passengers have that right.
Motivation to get insurance
One big reason that California has this law in place is to motivate more drivers to carry insurance. Being able to sue for lost wages and medical bills is all well, good and necessary, but it is true that pain and suffering can be immense and hard to calculate. A crash could result in your depression, breakup of a marriage, PTSD and much more--all because a driver was negligent or reckless.
Medical bills and lost wages
Even if you cannot sue for pain and suffering, you should definitely explore the option of suing to help with lost wages and medical bills. There may be expenses you had not thought of that you could be compensated for. Perhaps you drive two hours round-trip every week to see a physical therapist. You could possibly get compensated for the gas money you have spent making these trips as well as the car you had to rent or Uber you had to request to get to the appointments.