QuestionThank you for your time.
My brother was involved in an accident which was the other driver's fault. The other driver did not have insurance. My brother only has liability insurance on his car. What happens in a case like this?
Answer
Dear Tanya,
Sorry to hear that your brother was not insured. "What happens in a case like this" is that he gets to learn a lesson about life. Other than that, there is not a whole lot he can do. But lets explore the options anyway.
First off, what is his complaint from the accident? Is it from the perspective of having to cover the damages to his body (called personal injury), or does he just have property damage and that is all?
If he does have a big claim to present, such as one involving personal injuries of some significance, or the loss of an expensive car, he might consider suing the tortfeasor.
But if the guy had no insurance, do you think he has any assets that your brother could liquidate to collect on his judgement? Probably not. That is always the most serious option, and he would have to hire an attorney to go that route. Get an opinion from one of those "free initial consultation" ads we see everywhere in the phone book.
I take it that two other options are not available:
1) suing a third party who was also responsible for the accident (such as poor roadway design or another driver who cut off the lane you were in); and
2) collecting from any crime victims fund held by the state (your brother would have had to have been the victim of a crime, which would be the case if the tortfeasor had been convicted of drunk driving, for example, since it is also a crime).
I trust that the foregoing has been of value to you, and thus I respecfully request that you take the time to find the form on this site and to leave me some feedback.
Best Wishes,
Dr. Settlement, J.D.
www.SettlementCentral.Com
