Question about car accident - driver has no insurance

[mefordis]

In a situation where there is a car accident where there is a fatality and the driver who was responsible is not insured. Would that mean the family could not sue the driver? I mean, they could sue the driver but most likely they could not pay anything if they didn't have auto insurance and they are broke, right?

 

[Kae]

Driver should be jailed.

 

[mefordis]

Driver should be jailed.

I think that will happen, if this is the case. However, I am wondering if this poor family will get anything at all. Mom died, three kids and mother seriously injured.

 

[Marchand63]

In a situation where there is a car accident where there is a fatality and the driver who was responsible is not insured. Would that mean the family could not sue the driver? I mean, they could sue the driver but most likely they could not pay anything if they didn't have auto insurance and they are broke, right?

They can sue but if the person has no assets, the adage blood from a stone applies. Now they can look for deeper pockets. If the party was drunk and they can prove where they were served last they can sue the establishment.

 

[mefordis]

They can sue but if the person has no assets, the adage blood from a stone applies. Now they can look for deeper pockets. If the party was drunk and they can prove where they were served last they can sue the establishment.

It involved a commercial vehicle (food truck) so I am thinking if it wasn't the owner driving they could sue the owner.

 

[Marchand63]

It involved a commercial vehicle (food truck) so I am thinking if it wasn't the owner driving they could sue the owner.

If they can prove them at fault.

 

[Kae]

I would think the reason for not having insurance would be the cost but, could be other things false plates, no license, just doesn't want to pay for it. So there a very small chance that they could pay anything. But I would check with a lawyer

 

[Bianca and Bernard]

In a situation where there is a car accident where there is a fatality and the driver who was responsible is not insured. Would that mean the family could not sue the driver? I mean, they could sue the driver but most likely they could not pay anything if they didn't have auto insurance and they are broke, right?

I think that will happen, if this is the case. However, I am wondering if this poor family will get anything at all. Mom died, three kids and mother seriously injured.

It involved a commercial vehicle (food truck) so I am thinking if it wasn't the owner driving they could sue the owner.

Could we just put the story in one post, instead of dragging it out in multiples? Easier to give you an answer.

A commercial vehicle with no insurance is much different than a personal vehicle with no insurance. Is the driver a contractor or an actual employee in a company vehicle? Was the person on company time or on personal time and using a work vehicle?

And the laws governing each situation vary from state to state.

 

[usnuzuloose]

A lady who t boned me at fault had no insurance , mine paid out for the issue. But the insurance sued her for the money.

 

[mefordis]

A lady who t boned me at fault had no insurance , mine paid out for the issue. But the insurance sued her for the money.

Thanks. This response was helpful!

Was yours just a payout or a lawsuit? This was a fatality and I'm sure there will be a lawsuit by the family but my concern is that if there is no insurance, who would they sue?

 

[JustCallMeMommy]

I would turn it over to my insurance company. When someone without insurance hit me, my insurance company dealt with everything and paid the claim. I did have to pay my deductible, which I wouldn't have if the other person had insurance. This sounds way more complicated than my situation though.

 

[usnuzuloose]

Thanks. This response was helpful!

Was yours just a payout or a lawsuit? This was a fatality and I'm sure there will be a lawsuit by the family but my concern is that if there is no insurance, who would they sue?

No lawsuit, I hired an atty as I know it is hard to deal with insurance. I don't know how the insurance collected from her. I did feel bad as she was a single mom and no help. I would call an atty and see how to deal with it. Even if they sue I don't know what they will collect. I will keep that family in my prayers and so sorry for their loss. It is not easy.

 

[tvguy]

It involved a commercial vehicle (food truck) so I am thinking if it wasn't the owner driving they could sue the owner.

Ultimately, the owner of a vehicle if going to be liable, unless the driver stole the vehicle. But you could also sue the driver if they were not the owner.
Insurance goes with a car, not a driver.

As for getting money from someone with no money, courts can also order wages attached until the judgement is paid off. But that could take decades.

 

[allison443]

In NY and NJ (not sure about other states) our car insurance policies have a provision for uninsured/underinsured motorist coverage. If I am hit by a driver with no insurance or insufficient insurance, I can recover money under my own auto policy (if the other driver has liability for the accident). hopefully the family has this coverage.

 

[allison443]

It involved a commercial vehicle (food truck) so I am thinking if it wasn't the owner driving they could sue the owner.

In my state you always sue both the driver and the owner. The owner is liable for the negligence of anyone who they allow to drive their vehicle. Are you sure the owner didn't have insurance on the vehicle? Was the food truck licensed to operate-I would think insurance would be required.

 

[mefordis]

In my state you always sue both the driver and the owner. The owner is liable for the negligence of anyone who they allow to drive their vehicle. Are you sure the owner didn't have insurance on the vehicle? Was the food truck licensed to operate-I would think insurance would be required.

I"m not sure at this point but I read that the driver of the truck did not have insurance. Might be true, might not be. No arrest has been made yet because they are investigating still. Which is weird because it happened over a week ago.

 

[mefordis]

In NY and NJ (not sure about other states) our car insurance policies have a provision for uninsured/underinsured motorist coverage. If I am hit by a driver with no insurance or insufficient insurance, I can recover money under my own auto policy (if the other driver has liability for the accident). hopefully the family has this coverage.

This happened in a fault state, not a no fault state.

 

[bcla]

California requires insured drivers have uninsured motorist coverage. Although I've only got liability with my beater cars, we were still covered when someone hit our car and took off under uninsured motorist coverage. This may vary from state to state, although one still might have in a state that doesn't require it.

And even an uninsured driver can be sued and various ways to extract payment, like wage garnishment.

 

[bcla]

This happened in a fault state, not a no fault state.

Doesn't that only refer to certain injuries?

As far as I know, wrongful death is something that doesn't go away even in a no fault state.

 

[allison443]

This happened in a fault state, not a no fault state.

I believe that distinction applies to whether your injuries are serious enough to sue for damages. A fatality would undoubtedly meet the threshold. And in an "at fault" state I believe you can still have UM Coverage. What state did it happen in?