It is too often the case that when a person is involved in an accident with an uninsured driver, there are few options available to them. That might not be accurate. Read on to learn about situations in which it makes sense to file a lawsuit against an uninsured driver. If you believe you have a case, contact The Law Offices of Larry H. Parker at 800-333-0000 to request a free legal consultation.
You Have Two Main Options if Involved in an Accident with an Uninsured Driver
Ideally, you would use your own uninsured motorist benefits from your own insurance policy. If you do not have underinsured/uninsured coverage, then your next option will be to file a lawsuit directly against the driver. If they do not have the money to pay the claim, then you will likely never see it. You can go back to court to get an order that they pay it, but the court is not going to require it if the defendant truly cannot pay it.
You Can Take Out a Lien on Their Property
While it might be difficult or impossible to get the money from a defendant who does not have assets, if they do have assets, then you might be able to file a lien against those assets. This does not give you immediate money, but it does mean that when the defendant sells that property, you are paid from the proceeds. If you take out a lien against their house, it could be many years before they sell it, but you could eventually be paid.
You Could Set Up a Payment Plan
If the defendant has some funds, just not enough to pay you in full immediately, then the court might set up a payment plan by which you get money weekly or monthly. This can be a good solution if the defendant pays, but if they refuse to do so, then you might be back in court regularly to get the judge to order the defendant pay.
When to File a Personal Injury Lawsuit Against an Uninsured Driver
Every case is different, but in most instances, the main issue you will consider is whether or not the uninsured driver likely has the ability to pay. Note that taking a case to trial can be expensive and include court fees, expert witness fees, and administrative costs. An experienced personal injury attorney is likely to take your case on a contingency basis – but only if they will take your case at all.
If you want to know if you have a strong case if it is worth moving forward, and if you are eligible for no-upfront-cost representation, contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.