In an Automobile Accident were the other driver is uninsured and you pay a deductable you could sue to uninsured driver in small claims court. But if they can't afford insurance, most likely they don't have a penny to their name and certainly no home you could put a lean on. You could still contact a Automobile Accident Attorney in your area and ask what the specific laws are to handle this situation.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Jan 05th, 2012 at 10:48 AM