Hello.

Generally, uninsured driver can only recover for his direct economic damages (medial bills, wage loss and other direct losses) but cannot recover for emotional distress, pain and suffering and other intangibles. This is why it is generally not worth for attorneys to take such cases, unless the injuries are very serious and the medical expenses are likewise significant.

It's possible that you will be served with a lawsuit (you are the proper party to sue under any circumstances if you are a driver at fault). If you get served, you should forward the paperwork to your insurance company, as it is the insurer's obligation to provide defense counsel and defend your action, as it's commonly done.

Thanks,

Arkady Itkin

San Francisco Injury Lawyer

Sounds like you are probably at fault if your insurance company is going to pay so whether you or not you get sued is dependant if your insurance company treats the other side fairly.

If you were hurt and think it wasn’t your fault hire your own lawyer and sue them before they sue you. If they didn’t have insurance you could recover from your own insurance company if you got uninsured motorist coverage.

As long claim settles within your policy limits you shouldn't have a care, because your insurance company will hire a lawyer to defend you and pay for the costs.

By the way if the other party did not have insurance they cannot recover damages for pain and suffering which are usually the largest part on any settlement.

They still can collect for medical expenses, lost wages and property damage.

By the way get a copy of the police report as the insurance companies usually accept the conclusions to determine liability even though that conclusion is not binding nor admissible in a court.

Good luck and hope this helps.