QUESTION
What should I do if I was in an accident and do not have uninsured motorist coverage? How?
Asked on Aug 10th, 2015 on Personal Injury - Washington
More details to this question:
The driver that caused an accident which caused over $3,000.00 in damage to my car & 31 2 hour sessions of physical therapy. He only had PIP insurance and did not have bodily injury insurance. The lawyers say they can't help because I did not have uninsured motorist coverage. What are my chances in small claim court to receive money for pain and suffering? Should I spend the money to start the process?
8 ANSWERS
Edwin K. Niles
You can get a judgment in Small Claims Court, but your problem will be in collecting on the judgment. It is just too easy for the defendant to hide assets or declare bankruptcy.
Answered on Aug 11th, 2015 at 6:27 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
Fortunately, you need not spend much money to start a small claims action. Assuming you can show that the other driver was more negligent than you, and you can prove your damages, then you should win a judgment. Collecting a judgment from an unwilling judgment debtor is sometimes very difficulty, but experienced collection lawyers know all the tricks. I suggest you find one.
Answered on Aug 11th, 2015 at 6:23 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Your car required physical therapy? He had no liability insurance and you have no uninsured motorist coverage. Yeah, go ahead and pursue a small claims action, the filing fees aren't very much, so you have little to lose.
Answered on Aug 11th, 2015 at 7:55 AM
James Eugene Hasser
As you can see, that is why you need as much UM coverage as you can afford. The problem you have is if you sue and get a judgment, your defendant might not have any insurance or any way for you to collect. If the judgment is large enough, he or she can bankrupt on it. This state does not have pip insurance, so I can't help you with that. You may be able to sue and collect, though. Consider consulting a different set of lawyers familiar with pip insurance. Good luck.
Answered on Aug 10th, 2015 at 7:37 PM
Ronald A. Steinberg
Sue the party that hit you.
Answered on Aug 10th, 2015 at 5:44 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
Update Your Profile
Your insurance company must prove you waived uninsured motorist coverage. If you waived coverage, you are learning the lesson the hard way. Increase you UM and UIM coverage to the maximum your company offers. Small claims judgments against deadbeats are difficult to collect. Spend the time relaxing instead.
Answered on Aug 10th, 2015 at 4:31 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Probably not since most people are not collectible even if you do get a judgment against them.
Answered on Aug 10th, 2015 at 4:13 PM
Thomas Edward Gates
If you want pain and suffering, you would likely have to go to Superior Court. You can retain an attorney to sue the other driver for medical expenses and pain and suffering.
Answered on Aug 10th, 2015 at 4:11 PM