After a car crash, the at-fault driver is often liable for covering the other driver’s medical expenses. If the other driver is covered by insurance, their insurer will defend them and cover any damages up to the plan limit. Knowing that they may be held personally accountable if their automobile insurance does not cover it, the driver has chosen to obtain a particular kind of coverage. If you are in such a situation, contact Sullivan & Galleshaw.
Should you sue an uninsured driver after an accident?
Unfortunately, some drivers decide not to purchase auto insurance, and others fail to follow the law. Some people, whether on purpose or by accident, let their insurance lapse. Despite the potential problems they might face if found, between 10 and 20 percent of drivers in each state drive without insurance. Even though the state and the driver are responsible for any criminal penalties, if you suffered injuries in an accident involving that motorist, then the issue becomes your issue.
It makes little difference if the other driver has auto insurance or not if they owe you money. No matter what, the rules of carelessness and personal injury law are applicable. However, if there is no insurance company to cover your damages, your possible claim becomes more difficult.
The Vehicle That Hit You Might Not Have Sufficient Money
The choice of the other driver to breach state law rather than operating a vehicle with any type of proof of auto insurance is often influenced. A few might have skipped renewing an insurance policy that had lapsed, while others may have failed to make a payment. In any case, they still have sufficient assets or cash to pay for the cost of your injuries. However, the driver may not have nearly enough money to make up your losses, given that auto accident damages could exceed tens of thousands of dollars.
It is Still Possible to Get a Judgement Against the Driver
If your lawsuit against the at-fault motorist is successful, you will be able to secure a judgment against them. At that time, you will be able to file a lawsuit with the court as the driver’s creditor. Some of their assets—those that are not protected from creditors by the law—may be seized, and you may even garnish their paychecks. However, the compensation you receive may be small compared to the damage you have suffered. Moreover, the maximum amount you can deduct from each paycheck is limited, so it will take time to make any significant financial progress.
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To prevent the verdict, the driver may file for bankruptcy.
The motorist who owes you money could then choose to file for bankruptcy to prevent needing to pay the duty. They may file for Chapter 7 bankruptcy if they are low on money. Since you are an unsecured creditor, you will have to wait in line with other debtors before receiving your portion of the judgment from the assets taken from the debtor. The other motorist can provide you with anything, but it is unlikely that you will receive much. You can find out after going through the entire legal process that you will not receive anything.
Is Suing an Uninsured Driver Usually Not Worth It?
After an automobile accident, you generally have the right to pursue a lawsuit—even if the other motorist was underinsured or uninsured.
But, filing a lawsuit for damages is typically not worth the effort. The primary reason given for drivers operating a vehicle without enough coverage is a financial crisis. It is rarely profitable to file lawsuits against those individuals. A defendant cannot be forced to pay money they do not have by a lawsuit.
Does that, however, mean that you are helpless? Not at all! A vehicle accident attorney can help you with other options.
