QUESTION
How will we get compensated if the driver is in jail?
Asked on Oct 02nd, 2013 on Personal Injury - Idaho
More details to this question:
Our son was severely injured in a car accident. The driver who hit him was drunk, and is now in jail. Can we get any compensation if the driver is in jail and indigent?
17 ANSWERS
Edwin K. Niles
The real question is whether or not he had insurance. That's why God made insurance. The police report should have that info.
Answered on Oct 03rd, 2013 at 5:37 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You did not give enough info. Is there insurance coverage? If so it doesn't matter where he is or is not. if there is no insurance do you have uninsured coverage. Ask your agent if you don't know. If there is no coverage of any kind you are out of luck.
Answered on Oct 03rd, 2013 at 2:02 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes. If he was insured, or the vehicle was insured, you can recover from his insurance. If he had no insurance, then you should have uninsured motorist coverage from which you can recover (if you are in sc it is required).
Answered on Oct 03rd, 2013 at 12:45 PM
Ronald A. Steinberg
It depends. You sue the driver and the owner of the car. If neither have insurance, then hopefully you or your son were smart enough to have uninsured motorist coverage on your own insurance, so that you can claim against that coverage.
Answered on Oct 03rd, 2013 at 8:38 AM
4 Awards
If it is not too late, file a claim with the State of Indiana Victims Fund. Otherwise, file for uninsured benefits under your own auto policy.
Answered on Oct 03rd, 2013 at 8:07 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can't, but your son can. If he is a minor, you can bring an action on his behalf. Every driver is required to carry insurance, and that will cover the liability. If he didn't have insurance and you have insurance, you can make a claim under the Uninsured Motorist provision of your policy (this is what that provision is for) if you don't have a car, then you can file a claim with the Motor Vehicle Accident Indemnification Corporation, which exists for this purpose. Of course, if you would pick up a phone and schedule an appointment with a personal injury lawyer in your area, not only would you know that already, you would already be closer to attaining that recovery.
Answered on Oct 03rd, 2013 at 8:07 AM
James Eugene Hasser
I would recommend you get the judge to order restitution as part of any sentence imposed. Ask the District Attorney assigned to the case about that. Also ask the District Attorney about the Victim's Relief Fund. Finally, you will have an uninsured motorist claim under your own policy and may be able to stack coverages. However, you are likely to be faced with subrogation problems which can complicate things substantially. You probably should consult an experienced personal injury lawyer. Good luck.
Answered on Oct 02nd, 2013 at 5:42 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Hopefully you have uninsured motorist coverage.
Answered on Oct 02nd, 2013 at 5:13 PM
Check with hi to see if he had any insurance? coverage, which he probably did not. Then go to your insurance carrier and see if you have uninsured motorist coverage.
Answered on Oct 02nd, 2013 at 5:03 PM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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Do you have uninsured motorist coverage with your own auto insurer?
Answered on Oct 02nd, 2013 at 4:16 PM
Thomas Edward Gates
If he is indigent, no there is no remedy. You could get a judgment, but he has no way of paying.
Answered on Oct 02nd, 2013 at 4:08 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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At minimum, your son should get paid by the driver's insurance. It has to be found out where and how did the driver get drunk: whoever sold him alcohol might be liable for your son's injuries. Finally, the driver should be sued in civil court: that he is now in jail and not earning any money does not necessarily mean that he has no assets and even if he is indigent now, a judgment against him should be obtained for enforcement whenever he would have income.
Answered on Oct 02nd, 2013 at 3:50 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Yes, you can get financially compensated even if the driver that hit your son is in jail now. As these matters are somewhat complex, contact an injury lawyer to help you. Basically, here's how it may go. First, the claim for your son's injuries is made to the insurance company that insured the driver. Second, if the driver was driving a vehicle insured by someone else, to that insurance company, and finally to your own insurance company. If the driver was driving his/her own vehicle, and it was uninsured, then make an uninsured claim with your insurance. If the driver was uninsured but driving a vehicle owned by another person who had insurance coverage, make the claim with that insurance company, and you may also have a claim with your own insurance. Again, contact an injury lawyer to help you navigate the challenges involved in this case and to make sure your son receives fair compensation.
Answered on Oct 02nd, 2013 at 3:45 PM
The bigger question is did the driver have insurance. The fact that he is jail does not have a negative bearing on your possible personal injury case. If he has insurance, we would speak with the insurance agent/company rather than speak directly with him anyway. If he does not have insurance and is not wealthy, then you will seek a judgment against him, which you may or may not collect on over the years depending on his financial situation.
Answered on Oct 02nd, 2013 at 3:44 PM
Your only realistic recourse is insurance. Look into the insurance on the drunk driver and on the owner of the vehicle. Make claims. Also, check to see if your own policy has coverage for underinsured motorists. You could consider suing the drunk driver, but collection will be difficult if not impossible.
Answered on Oct 02nd, 2013 at 3:44 PM
1 Award
If your son or the owner of the car he was in had automobile insurance, your son can collect under the uninsured motorist coverage of the automobile insurance policy. He can recover up to the limit of that coverage.
Answered on Oct 02nd, 2013 at 3:43 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Perhaps if he had insurance. There may also be a victim's fund that might help. Talk with the prosecutor about it. Also, was the driver the owner of the car? If not, there may be owner's liability. Finally, where did he get drunk? At a bar? You may have a claim that the bar allowed him to leave while drunk.
Answered on Oct 02nd, 2013 at 3:42 PM