QUESTION
What can I do if the other party involved in an auto accident is broke?
Asked on Oct 10th, 2011 on Personal Injury - Georgia
More details to this question:
A 22 year old involved in an auto accident, not insured at the time, was at fault, and is not getting notice to respond within 10 days to send payment on 25,000.00. The 22 year old is a college student working part time and has student loans.
28 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Looks like Obama will eventually forgive all student loans so that won't be a problem. Why wasn't the defendant insured?
Answered on Jul 03rd, 2013 at 3:17 AM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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It sounds as if the 22-year-old college student is likely judgment-proof, and getting money from that person will likely be like getting blood from a turnip. If you haven't already done so, you should make a claim on your own insurance for UM (Uninsured Motorist) coverage. You would be wise to consult with a personal injury attorney in your area.
Answered on Feb 20th, 2012 at 3:50 PM
Not much really. Broke is broke. You can't get blood out of a turnip, only turnip juice and that isn't very tasteful. You should file an accident report with the Iowa DOT and he will probably lose his license after driving without insurance and being in a car accident.
Answered on Oct 31st, 2011 at 1:24 PM
Your auto policy has two important features, underinsured and uninsured motorist benefits. If the at fault motorist is without insurance, then you can access your uninsured benefits. If the at fault party lacks sufficient insurance, then you can access your underinsured benefits. Call your insurance carrier.
Answered on Oct 28th, 2011 at 5:49 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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You will have to sue him and get a judgment against him. Once you get a judgment you will be able to place a lien on any property he owns, freeze his bank accounts or garnish his wages.
Answered on Oct 27th, 2011 at 10:07 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Check to see if you have uninsured motorist insurance if you were injured in the accident. If you have collision insurance, then call your insurance company to get your car fixed.
Answered on Oct 27th, 2011 at 9:06 PM
Truck Accidents Attorney serving Indianapolis, IN
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Craig, Kelley and Faultless LLC
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If you have uninsured motorist coverage then you should make a claim against your insurance company. That company will pay you what the other driver owes you and then it can try to collect from that driver. If you have auto insurance then you have to have uninsured motorist coverage unless you waived it in writing.
Answered on Oct 27th, 2011 at 4:39 PM
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There are other provisions of the law to enforce an obligation incurred in an auto accident. One may report the uninsured person to the Department of Motor Vehicles and request that the persons driver's license be revoked and automobile license plate from the uninsured vehicle be removed until the person pays his obligation to the injured party. The injured party may still sue and obtain a judgment, then record that judgment in the records of the Parish where the uninsured person is located, creating a lien on that person's possessions. If the person later comes into funds or obtains a job where a garnishment will be feasible, they may recover in that manner.
Answered on Oct 27th, 2011 at 1:59 PM
Your question is a bit difficult to answer because there is information missing to properly assess the situation. Did this claim go to trial and were you awarded $25,000? If that is the case, you are going to have a tough time collecting if the person has nothing. A judgement doesn't mean much if it is not collectible. Unfortunately, you can't get blood from a stone. You may be out of luck, but check with a collection attorney in your area. If the case did not go to trial, and you are seeking $25,000 from the defendant who has no insurance, the law in Massachusetts still allows you to make a claim through your own insurance policy. The law requires every car in Massachusetts to have insurance, but if this car did not, that is not your fault. The law allows you to make an uninsured claim through your own insurance policy. Every car has this coverage, and you go through your own company as if you are making a claim against the at fault party's insurance.
Answered on Oct 27th, 2011 at 1:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Did you get a judgment for 25000? If you get a judgment that is unsatisfied: DMV may suspend her right to drive.
Answered on Oct 27th, 2011 at 1:55 PM
Financial issues in car accident cases are always problematic. If the at fault driver does not have insurance or assets, you have to look to your own insurance coverage. You probably have uninsured and underinsured motorist coverage. You need to notify your insurance company of the situation. Unfortunately, your own insurance company is now in apposition which is adverse to you. If you do not have insurance, then you are unlikely to recover anything.
Answered on Oct 27th, 2011 at 1:55 PM
Inquire to see if the 22 year olddriver carried insurance. Also, if you sued and got a favorable judgment, you may be able to timely collect later on the judgment when the student is gainfully employed.
Answered on Oct 27th, 2011 at 1:40 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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All auto insurance policies in New York State require an Uninsured Motorist endorsement. Other than that, there is the Motor Vehicle Accident Indemnification Corporation, if there is a personal injury involved. Finally, you might be able to get a judgment against this person, which will haunt him for the next 10 years. There are enforcement procedures in place for that as well.
Answered on Oct 27th, 2011 at 1:36 PM
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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File an uninsured motorist claim with your own insurance.
Answered on Oct 27th, 2011 at 2:31 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If he's judgement proof with no assets then you can get a judgment and try to collect in a few years.
Answered on Oct 27th, 2011 at 1:22 AM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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If you have uninsured motorist coverage on your policy, you should make a claim under that coverage. It would probably be a good idea to consult with an attorney who has experience with automobile wreck cases and uninsured motorist coverage claims.
Answered on Oct 26th, 2011 at 11:04 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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If you have uninsured motorist coverage(and you should) then your policy will cover the defendant. His financial status will not affect your rights under your policy.
Answered on Oct 26th, 2011 at 7:56 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If the victim has car insurance, or the victim was in a vehicle that is insured, there is normally uninsured motorist coverage that will pay the damages for the uninsured driver.
Answered on Oct 26th, 2011 at 7:49 PM
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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This is a case where you will need to file an Uninsured Motorist Claim with your own insurance company. Your insurance company will require you to provide proof that the other driver was not insured at the time of the accident but that can be done by submitting a police report to your insurance company. The police report will provide insurance or lack of insurance information as well as contact information for the uninsured driver. Your insurance company can contact the uninsured driver directly to determine whether or not he had insurance. As a review, simply submit your claim to your own insurance company as an uninsured motorist claim.
Answered on Oct 26th, 2011 at 7:08 PM
Gary Moore
If you car involved in the accident and you had insurance there is uninsured motorist coverage and it is a matter of making a claim against you own insurance company. You need the services of an attorney.
Answered on Oct 26th, 2011 at 6:59 PM
Personal Injury Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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Look to your own insurance policy for collision coverage to pay for the repairs to your car. Also, there may be uninsured motorist coverage on the policy of the auto you were in that would pay for your own personal injury claim. You should consult a personal injury attorney to review all of the specific facts of your situation and who can give you particular advice regarding what action to take.
Answered on Oct 26th, 2011 at 6:54 PM
New User
Difficult situation, if you do not have uninsured motorist coverage on your policy. Check to see if you signed a waiver. If not, your company must cover the loss.
Answered on Oct 26th, 2011 at 6:53 PM
A civil judgment against a defendant is good for 20 years in Massachusetts. It may then be renewed. It can be enforced at any time. The student may not have money now, but may in the future. Currently, wages may be garnished. Your personal injury attorney should be able to advise you on collection.
Answered on Oct 26th, 2011 at 6:48 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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They will likely never pay or go bankrupt. Not a good case to rely on, unfortunately.
Answered on Oct 26th, 2011 at 6:48 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Make a claim against your own UM (uninsured motorist) policy. You can't get blood from a stone.
Answered on Oct 26th, 2011 at 5:51 PM
Assault Attorney serving Richardson, TX
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Make the claim under your insurance for uninsured and insured provisions.
Answered on Oct 26th, 2011 at 5:44 PM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
You can file a claim with your own insurance company.
Answered on Oct 26th, 2011 at 5:43 PM
Sam Louis Levine
You do have options if the at fault party does not have insurance. I would advise speaking to an attorney to provide additional information about the car accident so that you can be best advised. I would also abstain from talking to anyone connected to the accident.
Answered on Oct 26th, 2011 at 5:39 PM