If I was in a car accident but party in fault doesn’t have insurance and neither do I, what actions can I take against the at fault driver?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was in a car accident but party in fault doesn’t have insurance and neither do I, what actions can I take against the at fault driver?

Asked on April 2, 2015 under Accident Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the at-fault driver: not having insurance does not mean that he cannot be sued (and not having insurance does not mean that you cannot sue, either); what it means is that he does not have insurance to help pay for his legal defense and/or pay a settlement or pay any amounts he would be found to owe after a trial. Without insurance, he can still settle the case, paying out of pocket (out of his own funds); or if he doesn't settle and you go to trial and win, he'll have to pay any judgment out of his own pocket. Of course, if he doesn't have much in the way of income or assets--and he might not; generally, people who have something worth protecting and who can afford insurance buy insurance, so not having insurance may mean that he can't even afford the premiums or has nothing worth protecting--you might get a judgment in your favor and still be unable to collect, since you would only be able to collect from his own personal funds. If he does not have funds, you could not collect.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption