Hit by driver w/no car insurance - will they have to pay my medical bills, pain & suffering?

oklatom

Is it their obligation to pay? Of course, it the accident was their fault. Will you actually see any money from them? Doubtful, seems if they had any money they would have paid their insurance bill.

funbryan7

put it trough ur no fault and what ever isnt overed take driver to small laims court if they wont pay

nkroadcaptain

It depends on the state in which you got hit.

If you are in a no-fault state like the first answer, it doesn't matter.

If you are in any other state, it gets tricky. The person who hit you is legally liable for the damages. Unless they're either rich or of good moral character - they won't.

That's why I hope you had uninsured motorist coverage. Then your insurance company pays you and goes after the dirtbag who hit you.

CowboyBill

Like others have already stated, any loser that drives without insurance likely doesn't have any assets or job. You insurance company will try to recover any money they can from them but trust me, a judge absolutely will NOT force the sale of the bum's home to pay for your car or med bills. This is why it is so important to protect YOURSELF at all times with uninsured or medical coverage.

ksib

I am not a lawyer and can' t offer real legal advice

With that said:
If you have uninsured motorist coverage turn it into your insurance. Then they will in turn go after the driver.

If you do not have uninsured motorist coverage than you will likely have to hire a lawyer and sue for damages. If they do not have the money you will can set a judgment against the driver. This means if they ever have the money then the will have to pay.

It is free to talk to lawyers to get basic advice.

Ask questions like what they can do for you. If they can find out if the person has money or not. Most the time lawyers know this or can find out and only sue if they can get money. Their charge for this is a flat fee or a percentage of the settlement. Usually the settlement is inflated to help cover the charges.

Good luck

Do your research and get good legal representation if that is the route you have to choose.

bostonianinmo

Yeah, but good luck collecting. Most idiots that drive without insurance don't have any assets to attach to settle a judgement.

dogdoggdoggie

You are gonna have to take him to court, if the police were involved than they will already have court date for driving without insurance. Call the City Prosecuter that is handling this case and talk to them about your situation and what you want to do. They will give you advice on how to go about getting what you deserve. Meanwhile call YOUR insurance agent and add uninsured motor vehicle coverage to your plan. That way if, God forbid, this ever happens to you again your insurance will cover for the damages and medical.

Cameran F

I hope you called the police at the moment it happened and filed a police report, because they can just run off if they're that illegal that they are driving around with no insurance and hitting people, who knows what else they are capable of. If you havent called the cops do so already, and you might have to take them to small claims court b/c i dont see them paying for medical bills and what not out of their pocket. And if they don't have insurance, I wouldn't expect them to pay "pain and suffering" on top of that b/c they are already shelling out thousands most likely. If they are really poor, you might end up having to take possessions like their house to cover the costof the bills, and they might be left homeless, (this happened to someone I know who got hit by a person who was uninsured, and they had the option to seize the house b/c the people were so poor, but they didn't ) Just make sure they don't flee!! Medical Bills are COSTLY and sometimes its worth it so just get out of the state to avoid things like that.

Wendy

My boyfriend was hit by an uninsured driver.....an uninsured drunk driver.
His truck was totaled and he spent two days in the hospital, due to injuries. The uninsured driver was found at fault and spent some time in jail for drunk driving charges, but my boyfriend had to take a total loss. He didn't get a penny for the truck or for the hospital bills.
This happened in Texas.

ajtheactress

This happened to my husband years ago. They had no insurance, ran a red light. We had to pay our deductable, lucky for him he was not hurt. The other driver will have life long back problems and will probably never be able to get insurance due to this accident.

Unfortunately, most people who do not have insurance do not have it because they can't afford to pay for it.

Good luck, you may be able to get a judgement that they must pay but if they don't have money you will get nothing.

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