What If Someone Has The Urge In Going After An Uninsured Driver In Terms Of Suing? Is It Even Worth It At That Point?
It really depends on whether or not the person who is un-insured or even under-insured. It is going to depend entirely on what kind of assets the negligent party has. In Texas, many of your assets are exempt, making you judgment proof, which means that there is nothing to get. It is like the old saying, “you cannot get blood out of a turnip.”
For example, your home in Texas is protected by as your homestead; it cannot be subjected to pay a judgment. Your wages cannot be garnished. Your retirement account cannot be garnished. Your education for your children cannot be garnished. You cannot go after their car. If you can find a large bank account or an RV or airplane that is not otherwise exempt or heavily mortgaged you might be able to go after that, but only after you get a judgment and by that time most people are going to have either sold or hidden the asset.
Therefore, it is very difficult to sue someone who has no money and who has no assets. Unfortunately, the realities of the world are that most people work from pay check to pay check and are struggling to make ends meet on a weekly basis. If you are hurt or injured by someone who is just a hard working person trying to make ends meet, there are really not going to be any assets to go after to fully compensate you. That is why it is so vitally important to have your own UI/UIM coverage.
What Are Some Of The Biggest Misunderstandings People Have When It Comes To Someone Who Is Uninsured Or Under-Insured When It Comes To An Accident?
A lot of people think that people that do not have insurance could go to jail. In reality, you cannot put someone in jail for not having insurance. They can and often time do lose their driver’s license, but that is about the extent of it. At the risk of sounding like a broken record, this is again the number one reason you need to buy as much UI/UIM coverage that you can possibly afford – in order to protect yourself against those that are not responsible because if you are involved in a serious car crash, that might be the only insurance available to compensate you for your injuries.
The main misconception is that people really believe that you are supposed to have insurance and they just do not understand that having the minimum amount of insurance is many times not anywhere near enough and that their injuries are going to go uncompensated unless they have protected themselves by buying UI/UIM coverage.
What Generally Are the Outcomes for People in These Under-Insured / Uninsured Auto Accident Cases?
It depends. The real question becomes how much and whether or not it is full or complete recovery. Again, if there is no insurance then there is nothing to be obtained. Notwithstanding, the Parker Law Firm has routinely sued uninsured or under-insured people with the desire of being able to absolutely get them to confirm in writing or under oath that they have no assets, or in the alternative, the fear of the lawsuit sometimes compels them to find hidden money. Imagine that!
It is the idea that they can compensate or get themselves out of this predicament that they are in. On the other hand, there are way too many occasions that have to be explained to the clients because the person who hit them quite frankly does not have any assets that judgment could attach to or insufficient assets. There is nothing an attorney can do for them other than obtain minimum policy limits and go on from there.
However, in those circumstances where there is no or very little insurance, the attorneys at Parker Law Firm work very hard in negotiating with the medical providers who claim that they are owed money to significantly reduce if not waive their medical expenses.
Get Answers to Other Questions about Uninsured / Underinsured Motorists or call the Parker Law Firm for a Complimentary Personal Injury Strategy Session at (817) 503-9200 and get the information and legal answers you’re seeking.