QUESTION

Can I seek damages or compensation to the one who hit me?

Asked on Sep 19th, 2013 on Automobile Accidents - Michigan
More details to this question:
I was in a car accident in 2011 the man whose hit me he was drunk do not had insurance and his Driver’s License was expired but cop let him go. I don’t know if he owns anything I know he have house where he leave and he have car I don’t know if he work or not. I had a lot of injury I was one month in coma and it took me all year to recover and I still see doctors. I had Workers Company. September 18, 2013 I am getting default judgment against him. I am trying to find if I can get anything from all this.
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6 ANSWERS

Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It may depend on whether he has assets from which a judgment can be collected. If you were in a vehicle, the uninsured motorist coverage on your vehicle should provide some compensation.
Answered on Sep 23rd, 2013 at 12:37 PM

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James Eugene Hasser
Yes, but the real question is can you collect the damages? It's probably simpler to just make an insurance claim and let the insurance company worry about getting their money back. Good luck.
Answered on Sep 23rd, 2013 at 12:37 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Maybe so, maybe not. go to the courthouse and see if he has any real estate listed in his name (not husband and wife, just his name only) Go to the tax office and the Register of deeds office and check. You can engage an investigator who will check computer sources and see perhaps what his assets are and whether he has been sued by others or whether there are tax liens against him/ Usually someone who does not have insurance has nothing to lose.
Answered on Sep 23rd, 2013 at 12:34 PM

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Personal Injury Attorney serving Salt Lake City, UT at William Enoch Andrews Injury Lawyer
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Since the person that hit you had no car insurance, usually you will need to make a "UI" (Uninsured) motorist claim with your own insurance. UI is part of what you pay for each month. Contact an injury lawyer to help you make the UI claim.
Answered on Sep 23rd, 2013 at 11:15 AM

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Personal Injury Attorney serving Milwaukee, WI
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Did you have uninsured motorist coverage with your automobile insurance? If so, you can recover compensation for your damages from your own insurer.
Answered on Sep 23rd, 2013 at 9:06 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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Check your own car insurance policy and see if you purchased Uninsured Motorist coverage. If you did, you make the claim you'd normally make against the other driver/owner against your UM coverage. You will still have to prove the fault/negligence of the other party, as well as their lack of insurance and the seriousness of your injuries, but your UM coverage essentially takes the place of the insurance the other owner/driver should have had. Of course, you still need to check and be sure the other vehicle wasn't titled to someone other than the driver and that that someone also didn't have insurance coverage. If there is insurance on an owner, then it would apply vs. your UM coverage. As you indicate, even without insurance on the owner/driver of the negligent motor vehicle, you may still be able to collect any Judgment from them if they have assets that are available to satisfy all, or part, of same. You would have to hire an investigative company to do an asset search in this regard and/or conduct a creditor's exam of the defendant(s) once you have a Judgment. You can also think of a Dramshop action against any person/corporation that served the other driver, if they served him to the point of visible intoxication and continued to serve him thereafter. The dramshop law has very specific notice requirements and time limits, so you'd be best to consult local Michigan counsel on that issue as the timing related to a 2011 crash could be a problem for you. I don't know that workers compensation would have anything to do with this unless you were on the job when the crash happened.
Answered on Sep 23rd, 2013 at 9:02 AM

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