Being told that the party responsible for your personal injury does not have insurance can be distressing, but it is seldom the end of the story. It is essential to understand that you may still have legal options. In this blog, we will address the question of whether you can sue someone for a personal injury if they are uninsured. Even when a person is thought to be uninsured, alternative sources of payment can be found.
Identifying Uninsured Parties
Determining whether someone is uninsured can be challenging, since you cannot simply rely on their word. Various methods can help you uncover this information. These include checking police reports, filing a suit to obtain discovery, and utilizing internet and court services. An experienced personal injury attorney can guide you through these processes to uncover the truth.
Alternative Sources of Payment
- a) Uninsured Motorists Coverage: Even if the party has no coverage, other sources of payment might be available. If you or a family member has uninsured motorists’ coverage as part of your insurance policy, you may be eligible for compensation through this coverage. It can help fill the gap left by the uninsured party.
- b) Employer Liability: In certain situations, the employer or even parent of the defendant may be held responsible for the actions of their employee. If the injury occurred while the defendant was acting within the scope of their employment, you might have a case.
- c) Third-Party Liability: Depending on the circumstances, other third parties may share liability for the injury. For example, in a dram shop case where a person’s intoxication led to the injury, the business or person responsible for serving the alcohol may be held accountable.
Challenges in Recovering Damages
Even if there are no other sources, you can still file a lawsuit; however, filing a lawsuit against an uninsured party can be challenging, particularly if the party has limited assets. In such cases, even if you obtain a favorable judgment, recovering the awarded damages is a challenge. Bankruptcy is often a concern. However, there may be exceptions for cases involving wanton conduct, which could allow you to pursue additional relief.
See What Gary Bruce Says About Pursuing a Personal Injury Lawsuit Against an Uninsured Party on Legal Break
Gary Bruce, a local personal injury attorney in Columbus, Georgia, discusses pursuing a personal injury lawsuit against an uninsured party in a recent episode of Legal Break on WTVM’s local news show. According to Gary Bruce, regardless of the potential challenges, you have options. He emphasizes consulting with a personal injury attorney who can help you identify your options and navigate the litigation process. Gary Bruce’s insights shed light on how you may still receive fair compensation for your injuries even when the other party is uninsured. This link will take you to the video: https://www.garybrucelaw.com/video/wtvm-legal-break-suing-the-uninsured/
Suing an uninsured party for a personal injury presents its own set of challenges. While it may be difficult to recover damages directly from the party, alternative sources of payment such as uninsured motorists’ coverage, employer liability, or third-party responsibility can provide some relief. To understand your options and potential claims in Georgia or Alabama, it is crucial to seek the guidance of an experienced personal injury attorney. The Law Office of Gary Bruce is here to assist you, examining your unique situation, and pursuing the appropriate legal avenues to secure the compensation you deserve. If you have questions about your case, a no obligation call to Gary Bruce can help answer questions now.