QUESTION
What if the other party does not have insurance and cannot afford to pay? How?
Asked on May 07th, 2015 on Personal Injury - North Carolina
More details to this question:
Seeking a personal injury claim against someone without insurance. They say they do not have the money for the expenses. Does this mean there is nothing to do?
14 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You could still sue, and use discovery to know if what he is saying is true. Once you have a judgment, you can use court processes to have him declare under oath exactly what property he does have. At that point you could also garnishee his rents. Consult a personal injury lawyer. They can help. Good Luck.
Answered on May 08th, 2015 at 10:33 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Yes you can get a Judgment and if they are not truthful you can file a Judgment lien. If they really do not have the ability to pay it may drive them to bankruptcy and then you can collect nothing. Consult an attorney to find the truth of the other party's statements.
Answered on May 08th, 2015 at 10:32 AM
If it is from a car accident, check with the state DMV as to whether they are insured or not. ?Determine who owns the car as they also have liability. ?Were they driving on behalf of some one else, such as their employer. ?Make them give you their employment and wage information, a copy of their tax records to see if they have any rental income or mortgage deductions. ?Are they married and what assets does their spouse have. ?Do you have uninsured motorist coverage under your own policy? Demand from the person that they agree to a stipulated judgment for your damages as the judgment is good for ten years and can be renewed indefinitely in case they later get some money. ?See if they will agree to some type of installment payment plan.
Answered on May 08th, 2015 at 4:26 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Consult fully with a lawyer in a free consultation. The you presumably are entitled to collect for more than expenses. There may be liability of a deeper pocket. There may be a way to get a criminal restitution award. The wrongdoer may have assets or income.
Answered on May 08th, 2015 at 4:13 AM
Edwin K. Niles
Check your own policy to see if you have uninsured motorist coverage. If not, try the victim of crimes fund if other driver violated any vehicle code section.
Answered on May 08th, 2015 at 3:51 AM
Ronald A. Steinberg
Who knows? Why don't you hire a lawyer?
Answered on May 08th, 2015 at 3:48 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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It would be helpful to know what happened in your case to advise you what to do next. An attorney could attempt to find out whether the other person really had no insurance, and the attorney would also be able to determine whether you could pursue an uninsured motorist claim if your claim relates to an auto accident.
Answered on May 07th, 2015 at 3:02 PM
James Eugene Hasser
You can sue them and even get a judgment, but how would you collect it? Presuming you have full coverage, you are better off making collision and UM claims on your own policy and let the insurance company worry about getting their money back. Good luck.
Answered on May 07th, 2015 at 2:38 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There is an old expression: sue a pauper, get a flea. Sadly, this does happen sometimes. It's possible that you may be out of options.
Answered on May 07th, 2015 at 1:46 PM
Thomas Edward Gates
You can get a judgment against them and you have 10 years to collect on it. You can garnish their wages to get payment on the judgment.
Answered on May 07th, 2015 at 1:45 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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You would probably have to pay an attorney to get a judgment against the person that could very well be uncollectible. You could pay an agency to do an asset search to really confirm they have no assets that could be seized-not exempt properties.
Answered on May 07th, 2015 at 1:44 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If this was a car accident case, then you would use your own policy, which hopefully has coverage for uninsured motorist.
Answered on May 07th, 2015 at 1:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Check with an attorney, if they are in collectible and will stay that way if is possible you are wasting your time.
Answered on May 07th, 2015 at 12:27 PM
If they do not have insurance, you can get as much money as they have. You can certainly sue them, but if they are unable to pay, a lawsuit will not increase their ability to pay.
Answered on May 07th, 2015 at 12:26 PM