Is is worth it to file THIS law suit? (open for details)?
I was hit a few months ago by an under-insured mortorist. His (mom’s) policy was only worth $25,000.00, barely enough to cover my emergency care bills. Not to mention all my orthopedic follow-ups and physical therapy. My medical insurance does not cover injuries incurred by a third party. My lawyer has checked all options for extra coverage, and says the next step would be to file a law suit against the other driver. He was clearly at fault (ran a red light, caught on camera), but I don’t think guy has any money. The lawyer said the guy could just file bankruptcy to avoid paying anything. How does it work if you sue someone, and they have no money to pay?
July 16th, 2008 at 12:38 am
The short story is, you pretty much don’t get anything from them and you’re out the costs of filing the lawsuit.
As sad as it is, there’s probably no point in suing the guy if you’re sure he has no money. I’m sorry this happened to you.
July 17th, 2008 at 2:46 am
I dont know, but starred this question as interesting.
July 19th, 2008 at 1:30 pm
if they have no money to pay, you will get no money.
July 21st, 2008 at 8:56 am
basically you loose twice because you need to pay the lawyer and you can’t collect.
bummer !
sorry and hope you get better
July 23rd, 2008 at 10:27 am
i think you eat it.. or maybe your car insurance?
July 23rd, 2008 at 1:35 pm
You will probably only end up owing attorney fees.
July 24th, 2008 at 5:39 am
Basically you don’t get any money out of them. You can’t get blood from a turnip.
July 26th, 2008 at 9:14 am
good luck. your lawyer is gonna tell you to do it because he wants money. and its very true that the guy could file for bankruptcy, but chances are its gonna be a bunch of bullshit and you will be lucky to see one penny. and as for your insurance not covering it, i think its time maybe you go and find a new insurance holder to, cause that bullshit. good luck ive been there and its pointless.
July 28th, 2008 at 4:18 am
Ask your lawyer about suing his mom. She apparently let him use a car owned and insured by her. She shouldn’t have done that. Also, why did he run the red light? Did the investigating officer pick up any evidence of impairment? (Police report) His mom let an impaired driver drive her car? What about your car insurance? Maybe they should pay and go after some one.
July 29th, 2008 at 8:22 am
ask your lawyer what the costs for you are and what your options are. you cant care about him if you’re the one thats hurt. you shouldn’t have to pay all that out of your own pocket if he ran a RED light.
July 31st, 2008 at 10:27 am
Do it. They can garnish wages and make his life miserable. You could contest your debt in banruptcy court. he may not even have an option for bankruptcy.
August 2nd, 2008 at 4:14 am
I was in a similar situation 12 years ago. I was almost killed in a car accident that was not my fault (I was a passenger in a car that ran a stop sign). Between her insurance and mine, I was only able to get $50,000 and my medical bills were $75,000. We sued the insurance co. and got quite a few bills paid, but that still left medical bills outstanding. We were going to go after the girl at fault (the one I was riding with), but she was only 17 at the time. The next step was her parents, and since they owned diddly squat, it would have cost more in legal fees than I would have gotten, so it was dropped.
In your case, I would consult a personal injury attorney, their consultations are free and they only collect money if you do. Good luck.
August 2nd, 2008 at 9:45 am
If you sue someone and they have no money to pay, they would most likely file bankruptcy and discharge it. The best you can hope for is to get a judgment and the guy doesn’t file bankruptcy, but you chances of recovering the money is slim. Either way, you are out the cost to sue him on top of it. I take it you didn’t have underinsured motorist coverage on your insurance?
August 2nd, 2008 at 4:18 pm
Even if he files bankruptcy, your case will still be valid if you win. If the other person gets a job anywhere, his wages could be garnished. If that option does not work, then ask the court to have his license revoked for negligence. He will find a way to settle with you or he will possibly have a lien on his wages for a felony if your medical bills are over $2000.
August 4th, 2008 at 6:05 pm
The judgment is forever regardless of bankruptcy.He or she will have to work somewhere,sometime,his/her pay check will be attached forever.
It depends on your cost to file.
Good Luck
August 5th, 2008 at 12:03 am
after years and years of non payment they would begin to garnish his wages.. that is if he works… then you would only get a small percentage. you should be able to sue his insurance company… or maybe your insurance company may be able to cover it.. i would check in to your own policy to see what your options are.
August 5th, 2008 at 4:13 pm
Ask your lawyer to work on a contingency basis. That way your lawyer gets paid when you do.
August 6th, 2008 at 9:38 pm
If the guy was living with his mother and they had home owners insurance with General Liability coverage then they should be covered for any civil judgment up to the limits of their coverage. Ask your lawyer.
August 7th, 2008 at 1:50 am
How does it work? You get the judgement, and if he has no money or assets, you don’t collect. Likely, eventually he’d file bankruptcy and list this debt in with all the others.
Can’t get blood from a stone, sorry.
August 7th, 2008 at 5:16 am
Pixie, I’ve never heard of regular Medical insurance that would not pay these bills. Medical bills “incurred by a third party” means that people other than YOU can’t collect under your policy – it has nothing to do with your medical costs. THEY should be covered.
Sometimes regular health insurance requires you to exhaust all coverage through other channels (the auto policies you and the at-fault party have) before paying, but to not then step in and pick up any leftover bills is a new one on me.
Please check again with your regular health insurer, and let us know what happens.
As for suing, I agree that there’s little possibility of you collecting. You can’t get blood from a stone. Still, have your attorney go over the costs and risks before deciding for sure.
Best of luck!
August 7th, 2008 at 11:18 am
If his mom owns the vehicle, depending on your state, you may be able to sue her and the kid. Also, do you have underinsured motorist protection on your insurance (not available in all states)? If so, you may be able to collect under that. Otherwise, find out if the lawyer will do it on a contingency basis, which means he doesn’t get paid until you do!
Good luck!
August 10th, 2008 at 4:14 am
Your lawyer is sadly correct. It would be easy to obtain a money judgment against the other guy. Collecting on that judgment is an entirely different story.
A bankruptcy may well relieve him of any obligation to pay your judgment. Trust the advice given by your attorney.
August 11th, 2008 at 9:48 am
If the person at fault has good car insurance, then you could get the difference between what you may have already received, and their auto insurance limit. You would need a lawyer to find this out.
August 11th, 2008 at 10:22 pm
You can’t get blood from a turnip. If they guy does not have money or assets – then he has nothing to take.
You can sue him – pay your lawyer his bill for the suit (gonna be pretty big for that)-get a judgment against him and if the other driver wins the lottery then you can collect.
Other than that – not much you can do.
August 14th, 2008 at 10:49 am
You don’t get anything and you waste a lot of time trying. The old cliche “you can’t get blood from a stone”. If the guy that hit you has no money or insurance, the chances of collecting are very small. Sorry.