Based upon the facts as you have represented them, liability for the accident appears relatively undisputed. The issue is going to be one of not whether you can get a Judgment saying that the other driver is responsible for your damages but whether the other driver has any money. If the other driver has no money, you would be faced post-judgment with (a) an uncollectable judgment which you could hang on your wall or (b) the other driver filing bankruptcy and discharging your entire Judgment. This does not mean definitively that the other driver would do either of these things; however a penniless defendant does make collecting difficult.
Answered on Nov 14th, 2013 at 8:37 PM