so this jackwagon blows a stop sign, totals both of our vehicles, dislocates and breaks my hand, thankful it wasn't worse and now I find out he may not be an insured driver......what say you HROT? my options?
Uninsured Motorist
- Thread starter cidhawkeye
- Start date
Do you have UM/UIM coverage? File a claim with your carrier and see if they decide to pursue their subrogation option (they probably won't). If not, you can get a judgment and try to run the guy down, but it sounds like he is probably judgment-proof. A lot of assets are exempt from execution, but that judgment can basically be a perpetual lien on any real property that isn't a homestead and can be renewed easily essentially forever, in the event other non-exempt assets come into existence. Basically how vindictive are you feeling?
My coverage is going to cover it. Not normally vindictive but this one pisses me off. Guessing he doesn't have a pot to piss in but I want to be covered if any lottery winnings or Nigerian Prince gives him millions. What do I need to know about what my company should be doing? How much does a lawyer get if there is a judgement?
I hope you heal up quick and this passes as smoothly as it can.
First, either you or your insurance carrier would need to get a judgment--i.e., win a court case for damages. Details on how that play plays out would depend on your policy contract. If you aren't seriously hurt with major medical bills or property damage, I can't see them caring. They will just pay you and eat it.
If your carrier doesn't take action, you should be able to sue doofus directly, depending on state law where you are. Also depending on state law, there will likely be a reduction in any judgment, for you, for amounts received from your carrier, or they may seek to subrogate their losses on your behalf against that judgment/settlement. Insurance will almost always get theirs.
Attorney fees could vary but would likely be a contingency fee, somewhere from 25-40% of recovery earned beyond anything that was on the table before you retained counsel. If you aren't seriously injured, many lawyers likely won't take the case. That's the "system" part of our justice system, but to be honest they would just lose money on most cases that didn't include serious damages/injuries.
Stay in contact with your own insurance carrier and provide any info they request. Give it some time and don't agree to anything final too quickly. For peace of mind, consider consulting a PI attorney--they likely won't take your case without serious damages, but most will give you solid free advice in an initial consultation and advise whether litigation is warranted.
Bottom line: If I were you, I would get medical treatment and document everything. For the cars, if totaled, I'd wait for your carrier's assessment and take advantage of any perks the policy might offer like rental options. Document like you work for the national archives. Your likely outcome is a settlement with your own UI/UIM carrier, and honestly that is probably the best outcome. Hunting a small judgment against a deadbeat is no way to live, and your odds of getting it are slim. If you have any doubt, I would suggest calling a lawyer or two to get their assessment of your situation. Even if they don't fully represent you, you're likely to get some really good, and free, legal advice.
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Find out where they work to garnish wages post-judgment. Or find out their bank.
Otherwise you are likely screwed. If the fellow owns property (not likely), you could be lien on the property.
That is all I got short of hiring the mob to collect.
Otherwise you are likely screwed. If the fellow owns property (not likely), you could be lien on the property.
That is all I got short of hiring the mob to collect.
This is going to be a problem that continues to grow as insurance rates soar and our lower income population continues to escalate.
I had a similar thing happen to me a few years back. She didn't have brake lights or taillights. I was on my bike and came around the corner and she was stopped in the road. Only choice I had was to try and go around her and she turned right into me.
Long story short, when the cop came to the emergency room to give me her info...he said she hadn't had a DL for 18 years. The car hadn't been registered in 7 years and she was arrested on site for 4 outstanding warrants. Obviously she didn't have insurance.
When I contacted attorneys and it (while sitting at home for a month recovering), I was told nothing they could do because she doesn't have anything to sue for.
So I took a huge hit on my insurance to cover everything. So I'm still paying for her BS.
I'm betting when she got out, it didn't slow her down at all. Some people have spent their entire life living like that. Nothing to lose, so to speak.
I'm sorry and I feel your pain.
Does this have anything to do with this thread? The OP claimed he was high and drunk.
I don’t know what dumba**es here need to see this but
The left turn lane doesn’t have the right of way of the car turning right when both have a green. ****ing a idiots need their licenses revoked.
iowa.forums.rivals.com
Not related lolDoes this have anything to do with this thread? The OP claimed he was high and drunk.
I don’t know what dumba**es here need to see this but
The left turn lane doesn’t have the right of way of the car turning right when both have a green. ****ing a idiots need their licenses revoked.iowa.forums.rivals.com
