Q: Can you still go after someone even if they have bodily injury coverage? (I don’t have under insured motorist)
The question is as stated in the title. I ask this primarily because they have a coverage of $25,000 which is, according to my attorney, the maximum I will get out of this case. After my legal fees this leaves me north of 16 grand, but in order to restore myself to where I was at financially before I must essentially use all that money to get back to that point, and potentially have a grand or two to spare after restoring my financial status. which I wouldn’t have too much of a problem with since I wish everyday for everything to just be normal again except, I am permanently injured now. I am in my early 20’s, my back problems have been diagnosed as permanent and I’ve completely lost the enjoyment of life, and I will be suffering this pain for the rest of my life, and I’m going to walk out of it with essentially nothing to show for all my suffering, it seems sad that that there may not be more I can do now.
I would ask this to my attorney, but sadly they are very poor at responding.
A: Yes you can pursue someone legally even if they do not have insurance or do not have enough insurance. However, the better question is whether it is worth it to go after such a person, as not everyone is collectible (e.g., not everyone has money to pay you). For example, if the person has millions of dollars in bank accounts and assets (such as multiple homes, vehicles, etc.), then you could sue the person and get a judgment and then collect that judgment. However, most people don't have any savings at all, so even if you got a large jury verdict against them, you wouldn't likely ever collect on that judgment/verdict because the person has no money. Accordingly, in the vast majority of situations, your best avenue will be to pursue whatever insurance is available. Best of luck to you.
A: I agree with Attorney Reynolds response. You have the right to go after the person, but the big question is whether it is worth doing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.