Can I sue the driver?

[melody301]

What is the name of your state (only U.S. law)? MD

I live in MD but got into a fender bender in DC and the driver who hit me is a DC driver. Anyway, he ran into the back of my car and I got his insurance information. I called the insurance company and they are not going to pay any damages because he missed a payment and they canceled him. Can I sue him in small claims court for the damages to my car even if I get my insurance to pay for it? What if I decide to pay the damages out of pocket can I still sue him in court or will the courts tell me I should have got my insurance to cover it? Also, how do I go about getting his information if all I have is his tag number, make and model of the vehicle?

I'm trying to figure out what I can do to make him liable for the damages.

 

[FlyingRon]

Once you accept money from your insurer, you pretty much sign over your rights to sue to them. You can try calling the DMV for his info, but you could also call his (ex) insurer back for the details since you seemed to have that.

 

[melody301]

Once you accept money from your insurer, you pretty much sign over your rights to sue to them. You can try calling the DMV for his info, but you could also call his (ex) insurer back for the details since you seemed to have that.

So I have the choice in whether I use my insurance company to pay for my damages or sue the driver to in small claims court for the damages?

 

[TinkerBelleLuvr]

If they didn't pay their insurance, then you probably wouldn't get the money if you sued them.

 

[tranquility]

It depends. But, you can sue the driver for all you were not made whole by your own insurance company.

 

[melody301]

I just don't want this guy to get off with a clean slate for hitting me and not having insurance. I just feel like he's getting off easy with this.

 

[TinkerBelleLuvr]

Your insurance company may choose to do something about it. Was this reported to the police? Is driving without insurance illegal?

 

[melody301]

Your insurance company may choose to do something about it. Was this reported to the police? Is driving without insurance illegal?

No it wasn't reported to the police and I'm not sure if driving without insurance is illegal in DC. It definitely is in MD. When I talked to his insurance company and asked if they reported him to the dept motor vehicles in DC they said they aren't required to do so. That surprised me because I thought it was illegal everywhere to drive without insurance. In MD when your insurance cancels they report you the the MD dmv and they will cancel your vehicle registration.