Should you file a personal injury lawsuit against someone who has no insurance coverage? A personal injury lawyer in Newmarket will cover some of the special cases where this kind of filing makes sense (even if their insurance company won’t pay).
The Special Case of Auto Insurance
If you are injured in an accident involving a car and someone else’s car, your insurance company will pay for the medical bills. But if you’re injured while walking across the street to get coffee, or by a passenger of another vehicle on its way to work, or by someone who gets hit by their own car because they were distracted by their cell phone… well then there is no respite.
Auto insurance companies do not cover injuries caused by pedestrians (unless those pedestrians are wearing seat belts). For example: imagine there’s an accident where two cars collide at an intersection. One driver was crossing against traffic lights when he got hit head-on by another driver who had just turned left onto his street from Main Street—and this other driver wasn’t wearing his seatbelt at that time either!
Underinsured motorist coverage (UIM) is the right to collect damages from a driver who causes you injury in an accident. If your own car was at fault, UIM will reimburse you for medical bills and property damage expenses up to $10 million per occurrence.
If someone else’s vehicle was at fault and hit yours, UIM will only pay up to $10 million in damages if they have no insurance. The person who hit your car may still be responsible for paying something like $1 million of this remaining amount—but only if they had no other option than to pay out-of-pocket for their injury because their own insurance wouldn’t cover it; otherwise, it would be theirs alone!
“No Fault” Laws
No fault insurance laws are a little different in every state, but they all share the same basic concept: if you’re injured in an accident and your injuries aren’t completely physical, you can still file a claim against the other driver.
The idea behind no fault laws is that it makes sense for car insurance companies to offer policies that cover more than just bodily injury claims. If someone has been hit by a car and suffers only minor injuries—like whiplash or a sprained ankle—they may not be able to afford medical treatment themselves and need assistance from their health insurance company.
Summing It All Up
You should never file a lawsuit if you don’t think that it is possible for your personal injury claim to be successful, at least on its own merits. Personal injury lawsuits are not easy to win, but you may still want to try if someone else caused your injuries.
In order to file a personal injury lawsuit, you will need to prove that the other party was at fault. This can be difficult because sometimes it’s hard for people with no insurance or assets to prove that they were injured and suffered damages as a result of an accident.
You also need to show that your injuries were caused by the other person’s negligence or gross negligence. If you cannot prove these things, then there is little chance that you will win your case against them in court: even if they do not have any insurance coverage and/or assets. It’s always best to talk with an attorney before making any decisions about legal action against another person or entity for any reason related to their actions on the roadways.