No Ins. Driver

calmlikeabomb1 · #1 08-30-2007, 09:50 AM

What is the name of your state? TX

I was hit by a non-insured driver in April '06. I was never able to do anything about it because an atty wouldnt take my case becasue low probability of getting the guy to court and my low vehicle value. I am fairly sure that the guy was an illegal alien, but I know I have 2 years to do something. Question: How would I go about getting a claim/Judgement /Lien against this guy, and what if any benefit can I expect from it?

I have police report with all his info, and shows he is at fault. I looked up his residence and he RENTS a home assesed at $32K.

Thanks

moburkes · #2 08-30-2007, 09:55 AM

Start with the basics. You were hit. He was at fault. It won't be worth your time if he's an illegal alien.

Did you have collision coverage? Did you have medical payments or PIP coverage?

calmlikeabomb1 · #3 08-30-2007, 10:40 AM

I had no coverage for non-insured drivers. Mainly because my vehicle was paid off and only worth about 8K. No medical payments or anything, I crawled out of the flipped Jeep and he was inside a house. I just dont want to walk away from it, even if the probability of getting anything is slim, at least I can get a lein or something, and be a $2K road block for him to getting a mortgage down the road.

Read this only if you want the full story******************************************

He ran a stop sign and I T-boned him in the passenger side and sent him thru a brick wall. I jumped out of a flipped Jeep and both of the occupants of the vehicle went to the hospital, one with head wounds(from the police report). It had potential to be bad because my bumper was steel tubing that hit the pillar behind the door and above the top of the door(passenger). The insurance company denied coverage on his part because his mother added him onto the policy when he turned 16, but she was not authorized to do so. The father was the only one who could change the policy. The insurance company cited fraud on the part of their customer. This company has a reputation of snaking out of responsibility according to attorneys. With all that being said, I had a totaled jeep, and a police report, and no lawyer who would touch it.

moburkes · #4 08-30-2007, 10:48 AM

You don't need coverage for uninsured drivers. All you need is collision.

MandyD · #5 08-30-2007, 11:07 AM

What are you going to put a lien on, the house he RENTS?

moburkes · #6 08-30-2007, 11:07 AM

Quote:

Originally Posted by MandyD

What are you going to put a lien on, the house he RENTS?

Exactly.

calmlikeabomb1 · #7 08-30-2007, 11:27 AM

I thought that I could get a civil judgement against him that would destroy his credit until it is paid off. Or even sue and garnish his wages. That is if he in fact is even a citizen. I misused the word lien.

moburkes · #8 08-30-2007, 11:30 AM

Quote:

Originally Posted by calmlikeabomb1

I thought that I could get a civil judgement against him that would destroy his credit until it is paid off. Or even sue and garnish his wages. That is if he in fact is even a citizen. I misused the word lien.

Then, go for it.

ecmst12 · #9 08-30-2007, 10:29 PM

As long as you don't mind that it will cost you more money then you are likely to ever get back from him.

Personally, on an older, paid off car, it makes more sense to get just uninsured motorist coverage and not collision. But it ALWAYS makes sense to get PIP/Med Pay.

You will be able to find a lawyer to help you, but you'll have to pay him the regular hourly rate, obviously no lawyer is going to work on contingency for a case you'll never collect anything for.