My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
After a car accident that is not your fault, you would typically rely on the insurance provider of the other motorist to pay for your damages. In most cases, this isn't a problem because motorists are required to purchase auto insurance. However, some motorists, unfortunately, choose to drive without purchasing auto insurance. If that's the case for you, there are several things that can be done.
Contact Your Insurance Provider
One of the first places you'll turn to after a car accident is your own auto insurance provider. Your insurance provider might provide you coverage for accidents involving uninsured motorists. However, you might also be able to take legal action against the motorist.
How to Recover Damages
To be able to take legal action against the other motorist, you will need to determine several things. First, you must be able to prove that the other motorist was negligent and caused the accident. You must also prove that you suffered damages. You must also determine whether the other driver has assets that you will be able to collect.
You are able to sue a motorist even if they do not have any assets. However, if they do not have assets to collect, you will not be able to recover damages unless there is a change in the financial situation of the other party. In some cases, you might determine that it's not worthwhile to file a lawsuit against the other party.
A Lawsuit Might Be a Viable Option
You may be surprised at the options available to you. For example, you may be able to garnish the wages of the other motorist and receive a portion of their paycheck. This can only be done if doing so will not impoverish the other party.
Taking another party to court can be expensive and time-consuming. Therefore, you'll want to speak with an auto accident attorney about whether it's a good idea to file a claim and what would need to be done to win your lawsuit.
You May Be Awarded Punitive Damages
There are many upsides to filing a lawsuit as well. Sometimes, the verdict of a lawsuit can lead to damages being awarded that are much higher than you might expect. The judge might decide to award punitive damages as a way to deter this type of behavior in the future.
If the motorist does have assets that can be collected, even if it only satisfies a portion of the judgment you were awarded, taking the uninsured driver to court can be worth it.