If I was Hurt By Someone With No Insurance, Can I Still Make a Claim?
Every driver is required to have liability insurance on his automobile. Liability insurance provides compensation if a driver hits and hurts or kills someone else. This means if you get into an accident caused by a careless motorist, the irresponsible driver’s liability insurance should cover your losses and damages.
Homeowners are also frequently required to have insurance policies by their mortgage lenders, while doctors and hospitals typically must buy malpractice coverage. This means there is a good chance that if someone hurts you, there is some type of insurance policy that will provide the money you need.
Unfortunately, statistics show that approximately one in seven motorists in the United States drive without the required minimum liability coverage. Homeowners, healthcare providers, renters and companies may also have insufficient insurance coverage or no coverage at all.
If you are involved in an accident or are otherwise injured by someone with no insurance, it is natural to be concerned about your ability to obtain compensation. Fortunately, in many cases, the reality is that if you are hurt by someone with no insurance, you may still be able to recover monetary damages. The Irvine injury lawyers at Brown & Charbonneau, LLP can help you to understand your options and pursue your claim.
Options If You Are Hurt by Someone With No Insurance
If someone with no insurance hurts you, one option available to you is to take advantage of any uninsured or underinsured motorist policies you may have. When you purchase your own motor vehicle insurance, your insurer must offer you this type of protection, although you may decline it.
If you have purchased uninsured motorist coverage, your own insurer will stand in for a driver who should be responsible for compensating you. Instead of recovering money for your losses from the driver who caused the collision, your insurer will pay the bills.
If no uninsured motorist coverage is available, then your options may be more limited. Your best and only choice may be to try to directly sue the individual or company who was responsible for the damage.
Big companies and wealthy individuals typically have personal assets that you can recover compensation. If you sue someone personally and are awarded compensation, you can take steps to recover the money such as wage garnishment or putting a lien on the defendant’s property. This makes it possible for you to be compensated even if you are hurt by someone with no insurance and there is no insurance company to pick up the tab.
Unfortunately, sometimes drivers or others with no insurance also have limited or no assets. Under these circumstances, you could technically pursue a claim and be awarded monetary compensation. However, you would have no way to collect the money that was owed to you. This would not necessarily be a valuable use of your time. You cannot recover compensation from someone who has nothing to give. First, however, you need to be sure that assets exist or find hidden assets.
At Brown & Charbonneau, LLP, our experienced Irvine, CA injury lawyers can help you to determine what your options are if you are hurt by someone who has no insurance. Call today to speak with a member of our legal team and learn more.