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Can I sue the other driver for not having insurance and registration even though the accident was mostly my fault?

Asked by user in Oklahoma.

I hit a vehicle that was speeding. They didn't have insurance or registration. Her vehicle was drivable but was towed due to the no tag and insurance. My insurance company considered her vehicle a total loss even though it only got the door and the airbags didn't deploy. They completely covered her vehicle and I had to pay for the tow fee even though it was towed due to not having any insurance or registration. Can I sue since she didn't have registration or insurance? Thanks in advance.

Answered by Enjuris Editors:

You cant sue the driver for not having insurance or registration. The fact that the driver did not have insurance or registration is irrelevant when it comes to determining liability.

However, you can file a counterclaim alleging that the other driver was speeding (i.e., alleging that the other driver was at least partially at fault for the accident). Because Oklahoma is a modified comparative fault state, the plaintiffs damage award will be reduced by their percentage of fault.

Finally, if the vehicle was towed because it did not have insurance or registration (and not because it was damaged), you are probably not responsible for paying the cost of the tow.

Keep in mind that drivers who dont have insurance rarely have the funds to pay any judgment award that you might obtain against them.

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