Legal Question in Personal Injury in South Carolina
I was passengers in a car accident that had no car insurance can I sue the ither car even though they was not at fault
2 Answers from Attorneys
No. You should not sue anyone unless you believe they were at fault in causing your injuries. I would suggest contacting a local attorney who handles automobile accident cases. They may be able to help you with determining if anyone was legally at fault and if there is any insurance coverage available, as well as helping you understand whether you have any legally viable claims against anyone.
Please keep in mind that my answer is intended as just legal advise in general, since I have no information about liability, who if anyone was at fault, damages, injuries, etc.
With all due respect to the other attorney, suing someone, or bringing a claim against their insurance company in the exact situation you just described, is one of the reasons we have the insurance laws and insurance policy types that we do. The other attorney said you should not sue anyone unless you believe they were at fault.
Although I respect his efforts to help you and took the time to respond to your question, setting that aside I would advise you in general that we have what is called Uninsured Motorist Coverage and Underinsured Motorist insurance policies that allow for situations such as the one you described; and those type of claims are one of the reasons for those particular insurance policies.
You are welcome to call my office or any other attorney who practices Personal Injury cases for a more detailed explanation. There are very understandable reasons for these insurance policies and they also can get complicated, so seeking legal advise is an extremely wise thing to do.