Naples, FL asked in Car Accidents for Florida

Q: What happens if the people I’m sueing in my auto accident claim don’t have any money?

I was wondering what would happen in this scenario. I was in an accident which left me with several damaged discs among other injuries, a totalled car(his insurance paid me it’s worth but I still owed over 5 grand of what is was worth so I lost 5 grand and my stable transportation), the inability to work (from both extreme pain and lack of vehicle as I work as a driver), and I’ve had several medical treatments far exceeding the minimum 20,000 (10,000 from both parties PIP) all due to the other drivers extreme negligence. This case from what I’m told could potentially be worth a lot but if they have no money then does the case just become worthless?

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2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Personal Injury Lawyer
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: You really need to consult with a personal injury attorney in your area on this type of case. Normally if they have liability insurance you would go after that money. If they have a small liability policy you would be able to get it and keep your options open to sue the driving individually. You really need to consult with a personal injury attorney. Most offer free consultations and only get paid if they collect for you.

Good luck,

David Hughes Harris
David Hughes Harris
Answered
  • Personal Injury Lawyer
  • Venice, FL
  • Licensed in Florida

A: Sorry to hear about your circumstances.

There are generally two direct sources of compensation in a car crash. There is the other driver's bodily injury (BI) liability coverage, and your own uninsured/underinsured (UM) coverage (if you have not rejected this coverage).

There may be other potential sources depending on your facts. For purposes here, however, I am assuming a straightforward 2-vehicle collision.

If the other party does not have BI coverage, then you proceed directly to your UM. If the other party has minimal or low BI limits, then you must get permission from UM (if you have it) to accept the BI limits, and after you receive these proceeds, you go against your own UM.

If the other driver does not have BI, and you don't carry UM, then you may have a big problem in this 2-car scenario, i.e. no available compensation coverage. This could lead to nothing available to you.

You should consult counsel to review your specific circumstances to see if anything is available to compensate you.

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