If the other driver does not have insurance, you can then turn to your own insurance and make a claim for uninsured motorist coverage. You should immediatley speak to a local personal injury attorney to learn and protect your rights. Initial consultations are normally free. Good luck.
General answers to legal questions such as this should not be construed as legal advice. Please consult with an attorney in person to obtain legal advice.
If the injuries are substantial enough that your uninsured motorist coverage does not cover all of your damages, you can also pursue them personally. There may also be other insurance options depending on the facts. Seek out a local personal injury attorney.
This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Sidney Weinstein, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Sidney Weinstein, email@example.com, (404) 522-3108.
I am assuming there is a typo in your question and I am assuming what you are telling us is that the person who hit you had no insurnace "in force" at the time of a collision with you. What does that mean? It means he had no insurance you you will not receive any insurance proceeds from him. What it also means, however, is that you must reach out to your own insurance carrier to make an Uninsured Motorist claim. I am hopeful that you had such coverage. If you did not, there will be no insurance proceeds to be had.
Of course, if you were hurt, you need to seek counsel from a personal injury attorney who understands how to maximize your recovery!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
I agree with prior counsel. But to clarify, the other driver is still liable for your damages. But if the other driver had no insurance, you may have rely on your own policy to recover because, if they couldn't pay for insurance, it is not likely that they would have any money or other assets to satisfy a judgment. You can still proceed against the other driver. The problem simply is your judgment might not be worth the paper that it's printed on.
In any event, I would take a copy of your own insurance policy for a consultation with a personal injury lawyer as soon as possible.
When an auto accident involves an uninsured motorist, the uninsured motorist must make financial amends to the other party if the uninsured party is at fault. Financial amends can include paying for repairs to the other party's automobile and paying for medical bills. If he does not made amends, the other party can sue the uninsured party. Typically, these kinds of cases land in small claims court. Small claims courts only award judgments up to a certain amount.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.