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Is there anything that I could do to have the person that injured me in an auto accident receive some consequences

Libertyville, IL |

In June, 2008 I was seriously injured in an auto accident. The person that hit me was distracted by being on a cell phone, crossed the center double-yellow line and hit me head-on. She had no driver’s license, no insurance, was unharmed in the accident and received only a small fine in traffic court.

I was in intensive care for several weeks and not expected to live. It was six long months before I could return home. This was followed by months of recovery and full-time rehabilitation.

I was in perfect health before the accident. Since then I have had six operations, have serious permanent damage to my organs and hip, one leg is now three inches shorter than the other and I need a walker to help me walk.

At the time of the accident, my lawyer said the person had no assets

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Attorney answers 6

Best Answer

Your lawyer would know what was realistic. If no assets existed, and no insurance for driver or vehicle, your only possible options would be an uninsured motorist claim on you insurance or to get a judgment against the driver hoping to collect at some point.

Horribly wrong, but the only way to protect yourself is to have as much insurance as possible yourself.

I wish you health .

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


Terrible accident indeed. Your lawyer checked to see if you have uninsured motorist coverage and that the owner of the vehicle that hit you had no insurance, I trust?

You should consult an attorney in your State at once. Visit our webpage and tell us what you think.

Judy A. Goldstein

Judy A. Goldstein


This comment was unnecessary and abusive. It has been flagged for removal.


Very unfortunate. I hear these stories all to often and have to tell people they have no recourse. This is the reason that you should carry uninsured motorist coverage and plenty of it. In this day and age a great percentage of drivers are either uninsured or under insured. Unfortunately, your only recourse is to obtain a judgement against this individual that you would likely not collect against.

Stephen Laurence Hoffman

Stephen Laurence Hoffman


Very true. I've seen this scenario hundreds of times. Very sad and terribly unfair and unjust. People drive unlicensed, without insurance, distracted...and people lose their lives or are seriously injured with no recourse. I recommend buying the most insurance you can afford just in case.


As the other attorneys have stated, this is a very unfortunate situation. This is why I advise all of my clients and any one I meet who asks about insurance that they should have as much uninsured/underinsured motorist coverage your insurance company will allow. This is the only insurance on your car insurance where you cover yourself against the negligence of other drivers.

To directly answer your question, there may be something you can do for the other driver to receive some consequences. If it is illegal to talk on the cell phone while driving, the district attorney may bring charges against the other driver. You would have to call the DA's office to file a complaint and see if they will pursue the matter against the other driver.

Stephen Laurence Hoffman

Stephen Laurence Hoffman


There is an Illinois statute with regard to distracted driving and you should report this to the State's Attorney. However, the most important thing is to learn from this and be sure you carry the most insurance you can afford. I tell this to all my clients.


Please review my free online legal tutorial on what you can recover in an auto accident case.

Catherine D. Battista
2175 Point Blvd, Ste 150
Elgin, Illinois 60123
(847) 628-8305


If you carry uninsured motorist insurance this will be the means to help you. Uninsured motorist insurance is essentially what the name portrays. It insures you in an event the at fault part does not have insurance to cover you.

Best of Luck


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