QUESTION
I had an accident where I was not at fault and the at fault person had a lapse in coverage.
Asked on Nov 08th, 2011 on Automobile Accidents - Georgia
More details to this question:
If she was not covered that means I have to pay out of pocket. My question is can I sue to get reimbursed?
3 ANSWERS
4 Awards
I suggest you start by determining whether you have uninsured motorist coverage on your own car. If you do, the simplest thing to do is to handle your reimbursement through your uninsured motorist coverage. Then it will be up to your insurance company to sue the person who cause the accident. Whether or not they collect is not your problem because you will have already settled with your insurance company.
If you don't have this coverage you can sue but the problem often is whether or not the person has any assets against which you can collect. Good Luck
Answered on Nov 18th, 2011 at 4:36 PM
Personal Injury Attorney serving Atlanta, GA
at
Jonathan W. Johnson LLC
Update Your Profile
Yes you may be reimbursed. First, if she was an uninsured motorist and you have uninsured motorist coverage you may claim on your own policy. Second, you may sue the driver who hit you if they have any assets or wages that could be garnished to satisfy a judgment.
www.gawrongfuldeathlawyer.com
Answered on Nov 17th, 2011 at 1:05 PM
Personal Injury Attorney serving Newport Beach, CA
at
Bisnar Chase Personal Injury Attorneys, LLP
Update Your Profile
If you are damaged by an uninsured driver, you can certainly sue them for your damages.
Your first move is to look at your own auto insurance policy and see if you have "uninsured motorist" coverage. If you do, contact YOUR auto insurance company. Think of "uninsured motorist" coverage as insurance you have bought for any uninsured driver that causes you damages. It pays you for the uninsured driver's negligence.
If you don't have uninsured motorist coverage, your recourse is against the uninsured driver, the owner of the car they were driving and their employer if they were on the job.
The challenge in suing an uninsured driver is collecting. If they simply do not have any money, you will not be able to collect anything.
I suggest getting a consultation with a really good local to you personal injury law firm that can look over your situation and see if there is something that can be done. The consultation should not cost you anything.
Good luck.
John Bisnar, BISNAR|CHASE, Personal Injury Attorneys
www.California-Lawyer-Attorney.com
800-956-0123
Answered on Nov 09th, 2011 at 12:42 PM