There are a lot of factors that can affect whether you can pursue a case against someone after an automobile accident. Among other things, it will matter who was at fault during the accident, and which state you live in. It will also matter whether you or the other driver is covered by insurance.
If you were not at-fault for the accident, then it may be possible for you to sue the other driver. However, you should keep in mind that some states have laws that limit what an uninsured driver can sue for. For example, the state of California prohibits uninsured motorists from suing for pain and suffering. You may still receive damages for lost wages and medical bills, but not for emotional distress. Some states will also penalize your for driving without insurance, with a fine or with the revocation of your driver’s license.
It is also important to know whether you live in a no-fault, comparative fault, or modified fault state. For example, California is a comparative fault state. This means you may still sue even if the accident was 99% your fault. The damages you recover would only be for the 1% that you were not at fault for. Texas, on the other hand, is a modified fault state. This means that you may no longer recover damages if you are more than 51% at fault for the accident.
The best course of action after an automobile accident is to consult with a lawyer regarding your legal options. They will be able to look at the details of your case and guide you accordingly.