You would probably win, but you would never be able to collect, and all you would end up with was a bill for the court costs and/or attorney fees. * The injured party would only be able to sue for the amount that was not covered by his or her insurance provider. There is not a guarantee in any type of civil litigation of who might prevail. The best option is to obtain legal advice from a qualified attorney. The majority of attorneys offer free or at a minimal fee consultation. The American Bar Association also offers a free attorney referral guide for all 50 US states.