If you were hit by an uninsured motorist, contact our office to speak with a personal injury attorney in New Haven. Being in an accident is incredibly stressful and can lead to debilitating injuries that make it difficult to work or keep up with normal household demands. For many, the recovery process is long and it becomes even more stressful when the person who caused the accident does not have insurance. In this case, it is normal to wonder what the options are and how to recover financial compensation.
When one of our clients has been hit by an uninsured motorist, there are several steps that we can take. First, we can review the client’s auto insurance policy to see if there is a provision for uninsured motorist coverage. If there is, then the insurance company needs to honor it and compensate our client accordingly. The insurance company may refuse to do so or try to offer less compensation. In this case, having an attorney to handle negotiations is wise and likely to lead to an increase in overall compensation.
As a personal injury attorney in New Haven, we can also file a lawsuit on behalf of our clients. Just because someone was uninsured at the time of the accident does not mean that they are free from civil liability through the court system. We can file a lawsuit and prove that they were negligent and that their negligence is the cause of the accident. Negligence is the legal term and is necessary for receiving financial compensation.
Whether someone is intentionally negligent or inadvertently negligent, they are still liable and can be held accountable by a jury. How much the case is worth and what a jury will award is going to depend on the extent of the injuries and the full impact of those injuries on things like income loss and other expenses.
The biggest challenge with suing an uninsured motorist is the ability to collect on the judgment. When someone is sued who has insurance, the insurance company has to pay the settlement amount up to the coverage on the actual policy. If someone who does not have insurance has a verdict rendered against them, they are responsible for paying the entire amount.
If they do not have these funds, it can be difficult to get the money. They will have a period of time to pay and once that has passed, an attorney can ask the court to issue a judgment against them and potentially lien their property or garnish their wages. If a lien is put on a property, when they sell it, the escrow company will issue a check to pay the judgment.
If wages are garnished, a portion of their wages will go to paying off the judgment on each pay check. A judge will ultimately determine how to proceed but it is necessary to have an attorney make the argument for why these extreme collection measures are warranted.
If you were hit by an uninsured motorist, you will need an attorney to assist you in collecting financial compensation. To get questions answered about your specific case, call our office.