Can I take this car owner to small claims court?

I was in a car accident and my vehicle is totaled. I wasn't at fault, the other driver ran a red light and there are several witnesses that attested to that on the police report. The driver doesn't own the car and doesn't have insurance. I only have liability on my car, so my insurance co. won't cover the damage. The driver is unemployed, on social security, and has multiple small claims cases open against him. I was wondering if I can take the owner of the car to small claims court for the damages. He claims to not have insurance either, but he is evading my insurance company and not being cooperative. I have called a local lawyer and it didn't seem like they wanted to get involved because the injuries weren't to severe. Any thoughts?

Oshkosh, WI -

Attorney Answers (6)

Nicholas C. Zales

Nicholas C. Zales

Litigation Lawyer - Milwaukee, WI
Answered

Talk to more personal injury attorneys. While this man may have nothing today, tomorrow he could win the lottery, inherit money or a number of other things that could help pay for a judgment.

George Costas Andriotis

George Costas Andriotis

Car / Auto Accident Lawyer - Tarpon Springs, FL
Answered

Yes but a judgement isn't worth anything if you can't collect it.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
Daniel Nelson Deasy

Daniel Nelson Deasy

Personal Injury Lawyer - Centennial, CO
Answered

I agree with my colleagues -- a judgment proof defendant is no good.

Good luck.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
Kevin Coluccio

Kevin Coluccio

Car / Auto Accident Lawyer - Seattle, WA
Answered

Talk to an attorney in Oshkosh to determine the best approach. The problem is going to be collecting any judgment.

Christian K. Lassen II

Christian K. Lassen II

Car / Auto Accident Lawyer - Philadelphia, PA
Answered

A currently uncollectable judgment is better than no judgment.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Michael C. Witt

Michael C. Witt

Personal Injury Lawyer - Jefferson, WI
Answered

You can, but it may be throwing good money after bad. In addition to continuing to call personal injury lawyers, you can also look into the status of and/or the possibility of initiating safety responsibility proceedings if your insurance company hasn't already done so.

Unfortunately, there is no quick fix for the fact that you don't have a car. That is unfortunately the risk you take when you choose to run without full coverage. Good luck.

This answer is provided for general information only. No legal advice can be given without a consult as to the... more

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