I was hit a few months ago by an under-insured mortorist. His (mom's) policy was only worth $25,000.00, barely enough to cover my emergency care bills. Not to mention all my orthopedic follow-ups and physical therapy. My medical insurance does not cover injuries incurred by a third party. My lawyer has checked all options for extra coverage, and says the next step would be to file a law suit against the other driver. He was clearly at fault (ran a red light, caught on camera), but I don't think guy has any money. The lawyer said the guy could just file bankruptcy to avoid paying anything. How does it work if you sue someone, and they have no money to pay?
2007-10-25 09:45:05 · 25 answers · asked by Pixie 4 in Business & Finance ➔ Insurance
Even if he files bankruptcy, your case will still be valid if you win. If the other person gets a job anywhere, his wages could be garnished. If that option does not work, then ask the court to have his license revoked for negligence. He will find a way to settle with you or he will possibly have a lien on his wages for a felony if your medical bills are over $2000.
2007-10-25 09:50:47 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Pixie, I've never heard of regular Medical insurance that would not pay these bills. Medical bills "incurred by a third party" means that people other than YOU can't collect under your policy - it has nothing to do with your medical costs. THEY should be covered.
Sometimes regular health insurance requires you to exhaust all coverage through other channels (the auto policies you and the at-fault party have) before paying, but to not then step in and pick up any leftover bills is a new one on me.
Please check again with your regular health insurer, and let us know what happens.
As for suing, I agree that there's little possibility of you collecting. You can't get blood from a stone. Still, have your attorney go over the costs and risks before deciding for sure.
Best of luck!
2007-10-25 17:16:28 · answer #2 · answered by Wendy S 4 · 0⤊ 0⤋
You can't get blood from a turnip. If they guy does not have money or assets - then he has nothing to take.
You can sue him - pay your lawyer his bill for the suit (gonna be pretty big for that)-get a judgment against him and if the other driver wins the lottery then you can collect.
Other than that - not much you can do.
2007-10-25 20:27:18 · answer #3 · answered by Boots 7 · 0⤊ 0⤋
I was in a similar situation 12 years ago. I was almost killed in a car accident that was not my fault (I was a passenger in a car that ran a stop sign). Between her insurance and mine, I was only able to get $50,000 and my medical bills were $75,000. We sued the insurance co. and got quite a few bills paid, but that still left medical bills outstanding. We were going to go after the girl at fault (the one I was riding with), but she was only 17 at the time. The next step was her parents, and since they owned diddly squat, it would have cost more in legal fees than I would have gotten, so it was dropped.
In your case, I would consult a personal injury attorney, their consultations are free and they only collect money if you do. Good luck.
2007-10-25 16:50:17 · answer #4 · answered by KitKat 6 · 1⤊ 0⤋
If you sue someone and they have no money to pay, they would most likely file bankruptcy and discharge it. The best you can hope for is to get a judgment and the guy doesn't file bankruptcy, but you chances of recovering the money is slim. Either way, you are out the cost to sue him on top of it. I take it you didn't have underinsured motorist coverage on your insurance?
2007-10-25 16:50:22 · answer #5 · answered by Softball Mom 4 · 2⤊ 0⤋
If the person at fault has good car insurance, then you could get the difference between what you may have already received, and their auto insurance limit. You would need a lawyer to find this out.
2007-10-25 18:23:56 · answer #6 · answered by Mr. Prefect 6 · 0⤊ 0⤋
Your lawyer is sadly correct. It would be easy to obtain a money judgment against the other guy. Collecting on that judgment is an entirely different story.
A bankruptcy may well relieve him of any obligation to pay your judgment. Trust the advice given by your attorney.
2007-10-25 18:21:15 · answer #7 · answered by acermill 7 · 0⤊ 0⤋
You don't get anything and you waste a lot of time trying. The old cliche "you can't get blood from a stone". If the guy that hit you has no money or insurance, the chances of collecting are very small. Sorry.
2007-10-25 20:44:34 · answer #8 · answered by Don Drapers woman 6 · 0⤊ 0⤋
If his mom owns the vehicle, depending on your state, you may be able to sue her and the kid. Also, do you have underinsured motorist protection on your insurance (not available in all states)? If so, you may be able to collect under that. Otherwise, find out if the lawyer will do it on a contingency basis, which means he doesn't get paid until you do!
Good luck!
2007-10-25 17:24:07 · answer #9 · answered by § ☼ JLG ☼ § 4 · 1⤊ 0⤋
How does it work? You get the judgement, and if he has no money or assets, you don't collect. Likely, eventually he'd file bankruptcy and list this debt in with all the others.
Can't get blood from a stone, sorry.
2007-10-25 17:08:05 · answer #10 · answered by Anonymous 7 · 0⤊ 0⤋