What to do if my wife was injured in an accident but the at fault driver has no insurance?

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What to do if my wife was injured in an accident but the at fault driver has no insurance?

My wife was driving my truck and was waiting for a pedestrian to cross the street. She was rear-ended by a guy who has no insurance and I don’t have insurance either. Her arm and neck hurts so we went to the hospital and filed a report with the police. What do we need to do now?

Asked on June 27, 2015 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can try suing the at-fault driver (and the rear driver in a rear-end collision is almost always considered to be at-fault, since he should have maintained safe following distance and paid attention to brake on time): based on what you write, there is a good chance you will win. The issue, though, is whether you can collect on the judgment: a judgmeng does not make money appear when there is no. If he did not have insurance, then there is a good chance that either he could not afford it or does not have enough income or assets to make it worthwhile to buy insurance to protect them. With no one having insurance, there is no source of money if the at-fault driver has none.


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