I have liability and unisured motor vehicle and got rear ended

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I have liability and unisured motor vehicle and got rear ended

I was rear-ended 2 weeks on my motorcycle. My bike is probably totaled but I’m not hurt. However, the man who hit me is not insured. I have liability and my insurer says uninsured motor vehicle. It is telling me they will not pay for my motorcycle. What do I need to do? I do not want to take a loss of $6,000. The cops did come to the accident and I have the at fault driver’s information.

Asked on March 1, 2017 under Accident Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In theory, you can sue the at-fault driver: not having insurance does not mean that he might not be liable, or responsible to pay--it just means he does not have insurance to make the payment for him. In practice though, if he not only does not have have insurance but does not have much (or any money) or a reasonable wage/salary, even if you win the court case, you might not get anything--getting a judgment in your favor does not make money appear where these is none. Most people who have something to lose have insurance, to protect their assets, income, etc.; a very high percentage of uninsured drivers are uninsured because they earn so little they cannot afford insurance, or because they don't have anything worth protecting with insurance. Therefore, while you can sue him, it's possible that even if you sue and win, you will not get anything for it.


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