In case of car accident where the at-fault party does not have insurance, how do you seek the money back?
Amazon asked:
My wife got in a car wreck with our baby (a dude in a small company’s car hit our car and sped away but the police later caught up with him) and our lawyers said they have had to drop the case because they say the party at fault does not have insurance coverage at all. She has been going to the med and her back is hurting. Now I’m looking for the legal solutions.
Our car, which was totaled, had a value around $3800 (so we sure didn’t have full coverage) and by the time you add the hospital bill, well, you go over $5000 which is the maximum we could have sued for in small court. She has lost her job since then, so we are just trying to get back on our feet here. What should I do. Was our lawyers’ policy of dropping the case justified and ethical? Should we hire another lawyer? Should we sue the other owner in a different kind of court ? Is there anyway we can keep the med. bills from hitting us while we take care of all this ? Also, this is happening in the state of Texas.
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My wife got in a car wreck with our baby (a dude in a small company’s car hit our car and sped away but the police later caught up with him) and our lawyers said they have had to drop the case because they say the party at fault does not have insurance coverage at all. She has been going to the med and her back is hurting. Now I’m looking for the legal solutions.
Our car, which was totaled, had a value around $3800 (so we sure didn’t have full coverage) and by the time you add the hospital bill, well, you go over $5000 which is the maximum we could have sued for in small court. She has lost her job since then, so we are just trying to get back on our feet here. What should I do. Was our lawyers’ policy of dropping the case justified and ethical? Should we hire another lawyer? Should we sue the other owner in a different kind of court ? Is there anyway we can keep the med. bills from hitting us while we take care of all this ? Also, this is happening in the state of Texas.
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May 10, 2009 | Filed Under Accidents & Personal Injuries Lawyers
Comments
7 Responses to “In case of car accident where the at-fault party does not have insurance, how do you seek the money back?”
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You take them to small claims court and let the judge decide the case. But don’t wait too long.
sue em or go for restitution get a lawyer qiuk and sue those fucks.
You should hire another lawyer.
You can sue the party that does not have insurance, but if they don’t have the money for insurance, they probably don’t have the money to pay you any judgment that you’d win.
I’m presuming you did not have uninsured/underinsured motorist coverage. Did your wife lose the job as a result of her hospital time? She may qualify for disability benefits from the state and from Social Security.
Good luck.
What is a car, is that like an X wing fighter, I hate those.
Check with your insurance agent. You should have un-insured motorist coverage. That would cover you for your car and the medical bills. If not, I would say get another lawyer and since the guy that hit your wife was in a company vehicle, I would have the lawyer contact the company. The company should have insurance.
Get another attorney just as fast as you can. You can get a Finding against the party at fault and it will stand. You can use the Court Order to place a lien on property that might be acquired in the future or even future salary.
Talk to the hospital. When they find out there is limited insurance they often will alter their fees to a “no insurance rate”.
Good luck.
Married to a lawyer
Do you have insurance? If so, then your insurance company should go after them.
If not, I can’t see why the lawyer can’t go after the company, since the guy was in a company care but I can’t believe a company wouldn’t have insurance on their vehicles. Get a new lawyer!