Can a 19 year old who has a drivers license but no car insurance get sued for at fault auto accients?

Answer 1

Absolutely, if the 19 year old is driving and causes an accident, I can almost guarantee they will be sued. Especially if they are not listed on the policy for the automobile they are driving. Because the insurance company for the vehicle they are driving is going to deny the coverage due to material misrepresentation and then the other party will sue both the driver and the owner of the vehicle and will win. They will have to pay for legal defense fees and for damages to the other party for property damage, injuries, and loss of wages.

Answer 2

There is no suggestion in the question that there has been a material misrepresentation. A material misrepresentation is a false statement on an insurance application which, had the insurer known the truth, it would not have issued the policy or would have issued it on different terms or at a different premium.

That said, assuming that you did cause the collision, the possibility does exist that the other party may file suit; however, there is no "guarantee" that he or she will as the prior answer suggests. At age 19, you may not have much in the way of assets. Therefore, because suing someone such as you does not necessarily mean that the Plaintiff can collect on the judgment if he or she wins the suit, that person may not feel that is worthwhile to file suit. But, judgments remain valid and enforceable for a number of years, and if you acquire assets and the Plaintiff monitors you and finds them, execution on the judgment could occur later.

Another important factor and one that you should seriously consider is that most States' Financial Responsibility Laws provide for the suspension of a persons' license and registration if a judgment is entered against them from a collision and the judgment remains unpaid for a period of time (often 30 days). That sort of suspension could cause you a great deal of difficulty, especially if you need to drive for work or school. Getting insurance after a financial responsibility suspension is usually much more costly, too. Therefore, it may make sense to make arrangements to pay for the repair of the other person's car, even if payment has to be made in instalments, to avoid suit and a judgment. Make sure that the agreement to pay is written and that you stick to it. This holds true if the other party had collision coverage and makes a claim through his or her own insurer. In that case, the insurer will probably try to collect its payment from you thru a process called "subrogation". The same rules apply--try to make an agreement for repayment to avoid a judgment.

If the other person was injured, it may not be possible for you to do this, but if it is only an issue of property damage, it only makes sense to try.