2007-01-12 16:02:03 · 9 answers · asked by cmh8012 1 in Cars & Transportation ➔ Insurance & Registration
well.. im in texas. i know i can get him for not having insurance but i guess what i really want to know is .. is it worth going after him? am i really going to get money from him? i was injured as well as my friend that was with me. ugh. this sux!
2007-01-12 16:14:02 · update #1
funny enough, this same thing just happened to me. I had two other problems, First they did not have a green card, second, they could not speak a work of English; but they were just putting the cop on, we since found out.... It is possible to sue them, now, assuming they are legal us citizens, (either with green cards, or Naturalized). Now, its going to work like this. Most likely, if they do not have any car insurance of any kind, they will get busted by the state, thats above and beyond; now, if they caused you any injury you can sue them in court; and this is not something that will be long and drawn out; its a cut and dry process. They can get slapped with lots of things, from reckless driving, to atempted vheiclaur Manslaugher. (thats if you really are mad). Now, what will most likely happen, they will garnish their wages till your paid off, now the sticky part, if they do not have a job; the court can say to them you have to pay x-amount, to you. Or go to Prison... That when the court can take away their car, house and whatever else sell it, and get fair market value for it, to pay off your settlement, also they can still go to jail too boot. As for me, the Michigan Gov, seized their SUV, sold it and gave me the money.
2007-01-12 16:45:15 · answer #1 · answered by warrior_hamster 3 · 0⤊ 0⤋
The ultimate answer is yes, but it can also depend on whether the state it occurred in is a nofault state. If you have uninsured motorist that will be a plus and then have your insurance company pursue. Also, depending on the damage (each state has a different amount) you can take it to small claims court. Now just to warn you, just because you win (and most likely you will) it does not mean you will get anything. If they don't have a job or they bounce from job to job (nothing steady) it is hard to garnish wages. I have had this happen to me 3 times and I have won the case to find out that the individuals had nothing to take or garnish. Still it is worth your time and effort. Another bit of advice if and when you take it to court have all documentation organized (with pictures) such that you can present it to the judge. The more backup info you have the less likely that you will lose. Another thing to remember, if you win and they don't pay don't let the action expire statue of limitions come and then you are out. Keep track of it as you can extend it for however long until they do get a fulltime job or claim bankruptcy which happened to me in one case. DON'T LET IT DROP.
2007-01-12 16:21:17 · answer #2 · answered by kar183402 1 · 0⤊ 0⤋
The State of Texas will have to go after him for no insurance. Thats a criminal issue that you have no control over. The short answer is- you can probably sue in Texas for any damages and possible pain and suffering. There are many questions left unanswered here though. How much damage was there? Can the suit be brought in small claims court (usually under $2500)? Or will you have to bring a larger suit? Was there medical care needed? The bottom line is, does this guy have anything you can get? Is he Illegal? (If he is, you may as well forget it, he'll run back to Mexico or start using his mothers maiden name and you'll never find him). It may cost more than he's worth to sue. Most irresponsible scumbags who drive without insurance are losers that don't have anything worth suing for because the lawyers will tap you dry and you'll be left with little. Sometimes it's better to kick their *** (in my humble opinion, not advocating that of course).
2007-01-12 17:13:00 · answer #3 · answered by wiccanfundie 2 · 1⤊ 0⤋
In this country you can sue anyone, anytime.
Call an personal injury attorney.
I am recovering from being rear ended by a "hit & run". >:7(
Go get 'em.
2007-01-12 16:23:15 · answer #4 · answered by cadet 2 · 0⤊ 0⤋
Depending upon your state, there are uninsured motorist laws. Yes you can, civil suit, but contact the department of motor vehicles to find out the laws in your state.
2007-01-12 16:08:29 · answer #5 · answered by Jerry B 1 · 0⤊ 0⤋
it will take too much time and money that you know he does have, it's like trying to get money out of a turnip. why do u think he did not have ins?
2007-01-12 16:13:01 · answer #6 · answered by ? 2 · 0⤊ 0⤋
your not going to get anything from the insurance if there was none !
2007-01-12 16:11:48 · answer #7 · answered by martinmm 7 · 0⤊ 0⤋
YES YOU CAN SUE HIM.......THEY WILL GARNISH HIS WAGES IF YOU WIN IF HE DOESN'T HAVE A JOB I DON'T KNOW HOW YOU WOULD COLLECT YOUR MONEY GOOD LUCK!!
2007-01-12 16:09:04 · answer #8 · answered by Anonymous · 0⤊ 0⤋
i dont think so but he shoulve been arrested for that.
2007-01-12 16:14:17 · answer #9 · answered by joethemetaldude 4 · 0⤊ 0⤋