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July 21, 2019 by Brooklyn Injury Lawyer

CAN I SUE FOR PERSONAL INJURY IF THE AT-FAULT DRIVER HAS NO INSURANCE?

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If you have been injured as a result of someone else’s negligence, you have the right to make a claim against them for your injuries.  However, if that person has no insurance, it becomes more difficult (unless you have uninsured motorist coverage as I discuss below). Most people who have no insurance do not have any assets to protect, so suing them may be a waste of time. It is very difficult to find an attorney who is willing to pursue a claim against an uninsured driver because there is no way for the attorney or you to come out ahead. If the other driver has no money and no insurance, it makes little sense to sue them.  That being said, if the person who hit you is wealthy or was possibly working for an employer at the time of the accident, it will be easier to make a claim. If the other driver was in the scope of his employment, you will have a claim against his employer for your injuries. You should talk to an experienced personal injury attorney to evaluate your options and determine whether it makes sense to sue an uninsured driver.

It is quite common for people to be injured by uninsured motorists. Fortunately, you can purchase insurance coverage to protect you from this scenario. The first thing to determine is whether you have uninsured motorist coverage (UM) on your own automobile policy. UM coverage is very valuable insurance because it will help compensate you and protect you if you are injured by someone who has no insurance or has limited insurance. You will be able to make a claim against your own insurance company just as if you were going against the other driver. For example, if the other driver has no insurance or has minimal liability limits (for example, $10,000.00) and your damages are $500,000.00, your UM coverage can be used to cover your damages that are over and above the other driver’s $10,000.00 insurance limits.

The majority of drivers on the road either have no liability insurance or have very minimal insurance coverage. Therefore, purchasing uninsured motorist coverage is a great option to protect you and your family. Obviously, it costs money to buy such coverage, but declining uninsured motorist coverage will end up being a mistake if you happen to be injured by someone who is uninsured or has minimal coverage. I highly recommend that you speak to an experienced car accident lawyer Tampa, FL to discuss whether uninsured motorist coverage is right for you.


Thanks to Jeff Murphy Law for their insight into personal injury claims and car accidents involving drivers without insurance.

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