IF IWAS IN AN AUTO ACCIDENT AND THE OTHER DRIVER WAS AT FAULT BUT NOT INSURED, HOW MUCH WILL IT COST ME TO SUE HIM?

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IF IWAS IN AN AUTO ACCIDENT AND THE OTHER DRIVER WAS AT FAULT BUT NOT INSURED, HOW MUCH WILL IT COST ME TO SUE HIM?

THIS GUY TOLD ME AND THE POLICE OFFICER THAT HE HAD INSURANCE WHEN IN FACT HE DID NOT HAVE ANY INSURANCE. I JUST NEED TO KNOW HOW MUCH IT WILL COST TO HIRE A LAWYER TO SUE THIS GUY FOR MY DEDECTABLE BACK AND MY LEGAL FEES.

Asked on August 26, 2010 under Accident Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The fee charged depends on the particular attorney.  You will also have to pay the court filing fee and process server fee.  The court filing fee and process server fee and legal fees can be recovered in your lawsuit in addition to your other damages such as the cost of repairs and deductible.

Since people who don't have auto insurance usually have few if any assets, you might not recover much.  If your auto insurance policy includes uninsured motorist coverage, you could file a claim with your auto insurance carrier and receive compensation for the cost of repairs to your vehicle.  Property damage is separate from personal injury.  If you were injured in the accident, when you complete your medical treatment and are released by the doctor, if you have uninsured motorist coverage, you can file your claim with your insurance carrier.  Obtain the medical bills and medical reports.  The medical reports will document the nature and extent of your injuries and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to your medical bills.  Your personal injury claim should include your medical bills, any wage loss and compensation for pain and suffering.  If you are dissatisfied with settlement offers from the insurance carrier on your uninsured motorist claim, sue the other driver for negligence.  Unless the case is settled, you will need to file your lawsuit prior to the expiration of the statute of limitations or you will lose your rights forever in the matter.

 


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