Jump to content
Sign in to follow this  
jcball

uninsured motorist

Recommended Posts

My daughter was rearended by an uninsured motorist a few weeks ago in Missouri. We have only liability on my daughters car so our insurance won't pay for the damages done to my daughters car which ended up being over $3300.00. It turns out the car that hit her was owned by someone other than the person driving the vehicle, but neither had any insurance. After getting an estimate I called the driver of the other vehicle to let them know how much it was and to find out if they wanted to settle out of court or if I would have to sue them...... she seemed happy to tell me that she had no job and no money and that neither did the actual owner of the car so they wouldn't be able to pay anything. My question is....Is small claims court my only recourse? From what I have read about small claims even if I won the case it would be up to me to collect from the other person. But if the other person doesn't have a job and no money it seems to me to be futile to sue them..... right?? Also who is legally responsible for the damages? The owner of the other car, or the person driving?

Share this post


Link to post
Share on other sites

jcball said...

Is small claims court my only recourse? From what I have read about small claims even if I won the case it would be up to me to collect from the other person. But if the other person doesn't have a job and no money it seems to me to be futile to sue them..... right??

That's part of the problem in any lawsuit. It's really pointless to sue unless the defendant has assets or an insurance policy offering some sort of coverage. Because if you sue someone without those things, even if you win, you really win in name only - there's nothing to collect. And collection after a favorable judgment is often the responsibility of the plaintiff.

jcball said...

Also who is legally responsible for the damages? The owner of the other car, or the person driving?

Most likely the driver, though depending on the facts of the situation the owner of the car might be subject to some liability as well.

Keep in mind that if the defendant has any assets, and if you won a favorable judgment, you might be able to use the judgment to file a lien against some property they own or seek to have their wages garnished. These are mechanisms used to seek collection, but by no means guarantees.

You may want to read Filing a Lawsuit: Should you Sue? on FindLaw for more information, particularly the second page that details Collecting at the End.

And although this would depend on the property damage amount, any injuries involved, and the assets of the defendant(s) you might want to speak with a local Accident & Injury Attorney. He or she might be able to tell you whether the matter is worth pursuing, and, if so, may even be willing to take up the matter on a contingency basis. If you need help finding an Accident & Injury Attorney in Missouri, you can use FindLaw's Attorney Directory to locate one in your area. Many attorneys listed in the directory even offer free consultations, so it wouldn't hurt to check. Best of luck, and let us know how it turns out.

Share this post


Link to post
Share on other sites

Thank you so much for your help.

I think our next step is giong to be to attend the court date for the other drivers citation for driving without insurance. I realize nothing can be done to recover damages there but I am hoping the driver is there and maybe we can find out whether she is really as broke and unemployed as she says she is. I guess from there we will decide if it is worth persuing small claims court or not..

This may not be the correct forum for this question but I would appreciate any information you might have.. We have uninsured motorist coverage on my daughters car but our insurance adjuster said that would only cover bodily injury not the damage to her car since we didn't have collision coverage... Is that typically how it works? I was always under the impression that it covered all costs if hit by an uninsured motorist.

Thanks again for your help.

Share this post


Link to post
Share on other sites

jcball said...

This may not be the correct forum for this question but I would

appreciate any information you might have.. We have uninsured motorist

coverage on my daughters car but our insurance adjuster said that would

only cover bodily injury not the damage to her car since we didn't have

collision coverage... Is that typically how it works? I was always under

the impression that it covered all costs if hit by an uninsured

motorist.

It would probably depend on the type of uninsured motorist coverage you had on your policy. Some uninsured motorist coverage compensates for bodily injury, some coverage for property damage, and some policies offer coverage for both. It sounds like your policy only covered bodily injury - in the future if you have a car without collision coverage you may want to double-check with your insurer to make sure that uninsured motorist property damage is covered.

Share this post


Link to post
Share on other sites
Guest FindLaw_Amir

jcball said...

But if the other person doesn't have a job and no money it seems to me to be futile to sue them..... right?? Also who is legally responsible for the damages? The owner of the other car, or the person driving?

Did you resolve this issue?

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...