molly b
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Even if he files bankruptcy, your case will still be valid if you win. If the other person gets a job anywhere, his wages could be garnished. If that option does not work, then ask the court to have his license revoked for negligence. He will find a way to settle with you or he will possibly have a lien on his wages for a felony if your medical bills are over $2000. |
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Softball Mom
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If you sue someone and they have no money to pay, they would most likely file bankruptcy and discharge it. The best you can hope for is to get a judgment and the guy doesn't file bankruptcy, but you chances of recovering the money is slim. Either way, you are out the cost to sue him on top of it. I take it you didn't have underinsured motorist coverage on your insurance? |
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Michael z
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basically you loose twice because you need to pay the lawyer and you can't collect.
bummer !
sorry and hope you get better |
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§ ☼ JLG ☼ §
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If his mom owns the vehicle, depending on your state, you may be able to sue her and the kid. Also, do you have underinsured motorist protection on your insurance (not available in all states)? If so, you may be able to collect under that. Otherwise, find out if the lawyer will do it on a contingency basis, which means he doesn't get paid until you do!
Good luck! |
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KitKat
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I was in a similar situation 12 years ago. I was almost killed in a car accident that was not my fault (I was a passenger in a car that ran a stop sign). Between her insurance and mine, I was only able to get $50,000 and my medical bills were $75,000. We sued the insurance co. and got quite a few bills paid, but that still left medical bills outstanding. We were going to go after the girl at fault (the one I was riding with), but she was only 17 at the time. The next step was her parents, and since they owned diddly squat, it would have cost more in legal fees than I would have gotten, so it was dropped.
In your case, I would consult a personal injury attorney, their consultations are free and they only collect money if you do. Good luck. |
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roguetrader12002
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Do it. They can garnish wages and make his life miserable. You could contest your debt in banruptcy court. he may not even have an option for bankruptcy. |
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insuranceguytx
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Ask your lawyer to work on a contingency basis. That way your lawyer gets paid when you do. |
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cabsmommy
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if they have no money to pay, you will get no money. |
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en tu cabeza
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Basically you don't get any money out of them. You can't get blood from a turnip. |
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joo_0420
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good luck. your lawyer is gonna tell you to do it because he wants money. and its very true that the guy could file for bankruptcy, but chances are its gonna be a bunch of bullshit and you will be lucky to see one penny. and as for your insurance not covering it, i think its time maybe you go and find a new insurance holder to, cause that bullshit. good luck ive been there and its pointless. |
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{:3)
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You will probably only end up owing attorney fees. |
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hdw
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after years and years of non payment they would begin to garnish his wages.. that is if he works... then you would only get a small percentage. you should be able to sue his insurance company... or maybe your insurance company may be able to cover it.. i would check in to your own policy to see what your options are. |
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acermill
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Your lawyer is sadly correct. It would be easy to obtain a money judgment against the other guy. Collecting on that judgment is an entirely different story.
A bankruptcy may well relieve him of any obligation to pay your judgment. Trust the advice given by your attorney. |
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izzie
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The judgment is forever regardless of bankruptcy.He or she will have to work somewhere,sometime,his/her pay check will be attached forever.
It depends on your cost to file.
Good Luck |
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Don Drapers woman
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You don't get anything and you waste a lot of time trying. The old cliche "you can't get blood from a stone". If the guy that hit you has no money or insurance, the chances of collecting are very small. Sorry. |
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David
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i think you eat it.. or maybe your car insurance? |
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Wendy S
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Pixie, I've never heard of regular Medical insurance that would not pay these bills. Medical bills "incurred by a third party" means that people other than YOU can't collect under your policy - it has nothing to do with your medical costs. THEY should be covered.
Sometimes regular health insurance requires you to exhaust all coverage through other channels (the auto policies you and the at-fault party have) before paying, but to not then step in and pick up any leftover bills is a new one on me.
Please check again with your regular health insurer, and let us know what happens.
As for suing, I agree that there's little possibility of you collecting. You can't get blood from a stone. Still, have your attorney go over the costs and risks before deciding for sure.
Best of luck! |
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Mr. Prefect
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If the person at fault has good car insurance, then you could get the difference between what you may have already received, and their auto insurance limit. You would need a lawyer to find this out. |
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MSAD
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You can't get blood from a turnip. If they guy does not have money or assets - then he has nothing to take.
You can sue him - pay your lawyer his bill for the suit (gonna be pretty big for that)-get a judgment against him and if the other driver wins the lottery then you can collect.
Other than that - not much you can do. |
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mbrcatz
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How does it work? You get the judgement, and if he has no money or assets, you don't collect. Likely, eventually he'd file bankruptcy and list this debt in with all the others.
Can't get blood from a stone, sorry. |
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brayden.johnson
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I dont know, but starred this question as interesting. |
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Jenny
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ask your lawyer what the costs for you are and what your options are. you cant care about him if you're the one thats hurt. you shouldn't have to pay all that out of your own pocket if he ran a RED light. |
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Kiwi
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The short story is, you pretty much don't get anything from them and you're out the costs of filing the lawsuit.
As sad as it is, there's probably no point in suing the guy if you're sure he has no money. I'm sorry this happened to you. |
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steve_geo1
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Ask your lawyer about suing his mom. She apparently let him use a car owned and insured by her. She shouldn't have done that. Also, why did he run the red light? Did the investigating officer pick up any evidence of impairment? (Police report) His mom let an impaired driver drive her car? What about your car insurance? Maybe they should pay and go after some one. |
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T.J.
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If the guy was living with his mother and they had home owners insurance with General Liability coverage then they should be covered for any civil judgment up to the limits of their coverage. Ask your lawyer. |
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