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Uninsured motorist, sue or not to sue

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S

sailor2004

Guest
What is the name of your state? california
scenerio: uninsured motorist causes accident with injuries and loss of property. what can I do, if I file civil lawsuit and win, what
good will it do if the unisured motorist files bankruptcy? won't
the award from the civil lawsuit be forgiven and if so then what is
the point of filing suit. I am stuck and don't know what to do.
small claims (5000 max), civil suit (unlimited, possibly) but
if he files bankruptcy isn't it all for nothing, I will lose either way.
help, looking for advise please.
 


I AM ALWAYS LIABLE

Senior Member
sailor2004 said:
What is the name of your state? california
scenerio: uninsured motorist causes accident with injuries and loss of property. what can I do, if I file civil lawsuit and win, what
good will it do if the unisured motorist files bankruptcy? won't
the award from the civil lawsuit be forgiven and if so then what is
the point of filing suit. I am stuck and don't know what to do.
small claims (5000 max), civil suit (unlimited, possibly) but
if he files bankruptcy isn't it all for nothing, I will lose either way.
help, looking for advise please.

My response:

Are you the "injured party" in this scenario? If so, where's your insurance policy; i.e., "Uninsured Motorist" coverage?

IAAL
 
S

sailor2004

Guest
no, the other party is uninsured motorist, he gave bogus
info to police and come to find out he is completely uninsured
so now I dont really know what to do, with him not having
insurance of any kind and I dont carry insurance to cover
uninsured motorist, I really believe that I am left holding the
bag for all the expenses with no recourse available to me to
try to recover money, small claims but that 5000 max. I have
heard that even if I win a civil lawsuit that he can claim
bankruptcy and then I still lose.
 

I AM ALWAYS LIABLE

Senior Member
sailor2004 said:
no, the other party is uninsured motorist, he gave bogus
info to police and come to find out he is completely uninsured
so now I dont really know what to do, with him not having
insurance of any kind and I dont carry insurance to cover
uninsured motorist, I really believe that I am left holding the
bag for all the expenses with no recourse available to me to
try to recover money, small claims but that 5000 max. I have
heard that even if I win a civil lawsuit that he can claim
bankruptcy and then I still lose.

My response:

This is what happens when you fail to buy sufficient insurance; i.e., you have State Minimums of 15/30/5, with no U.M. coverage.

Well, you can try suing him, and perhaps win. But, you're probably not going to be able to collect your judgment - - either he doesn't have the money or the assets, or he'll probably file Bankruptcy.

In the final analysis, you'll undoubtedly be left holding the bag.

IAAL
 

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