Is it Worth Suing an Uninsured Driver?

The Illinois Secretary of State oversees enforcement of the mandatory auto insurance laws. Coverage for every car that is in use is verified twice a year. If a car owner is found not to have insurance, they can be fined up to $500.

Despite those checks, there are still plenty of car owners who, for whatever reason, opt out of carrying insurance coverage. Those drivers are not immune from collisions, but is it worth suing an uninsured driver? That might depend on what assets they have.

Uninsured Drivers Without Assets

If the motorist you get into an accident with lacks insurance and substantial assets, it might not be worth it to take them to court. Why? It comes down to the steps involved in taking legal action, which could include retaining an attorney, gathering evidence, filing the lawsuit, and going to trial, which can become costly and time-consuming.

Also, even if you’re successful in proving your case and winning a judgment, you might have to devote more money and energy to chasing after them to recover what you’re due.

The Court could issue an order to compel them to pay. You could set up a payment plan, but that would mean you will be dealing with this person for a long time.

That motorist might also file for bankruptcy, which could potentially make it hard for you to recover what you’re due.

Uninsured Motorists With Financial Resources

Sometimes, a driver doesn’t have insurance because they simply forgot to pay the premiums or switch bank accounts. In other instances, they might not have coverage because they were dropped from their policy by a spouse divorcing them or because they had a drunk driving conviction or for some other reason.

It’s important to note that just because they don’t have insurance doesn’t mean they don’t have other assets, such as savings or property, that can be used to compensate you for your injuries and repair costs. You will still have to file a lawsuit to be awarded a payout. That lawsuit may still involve you:

• Gathering evidence, such as a police report, photos, and witness statements, to show proof of the other driver’s negligence
• Collecting medical records and pay stubs that document your current and future out-of-pocket expenses

You or your attorney will need to present all of the above-referenced documentation at trial.

Since understanding court rules and procedures can be challenging, it’s best to get an experienced litigator, like one from Thomas Law Offices, involved in your case early on. If you do, you can count on us to be with you every step of the way as we take your Chicago car crash case to trial.

You can also expect us to conduct a financial analysis of the at-fault driver’s assets. If needed, we can also put a lien on their property. That would prevent them from selling those items until your lawsuit is resolved.

Additional Options

According to the Insurance Information Institute, Illinois ranks 13th in states with uninsured drivers. That is a significant number of car owners that can cause problems for you if you get into an accident with them.

You might consider adding uninsured driver coverage to your auto uninsurance policy. That would provide you with compensation for your expenses if the other driver who strikes you happens to not have coverage themselves.

There might also be a third party that is part of the accident. The at-fault driver could be driving a company vehicle. In that case, you could pursue a remedy from that employer. If the uninsured driver crashes into you because they swerve to avoid another collision, that third driver could be a party to your lawsuit.

Additionally, the uninsured driver might cause the accident because of a pothole or other defects in the road. That could mean you can add the City of Chicago as a defendant to your lawsuit.

The bottom line is that there are options to pursue even if suing an uninsured driver is not an option. That is another reason to retain the services of the Thomas Law Offices to assist in this matter. We can explore all the avenues to pursue in search of a remedy.

We can also help ensure that you file any lawsuit within the state’s two-year statute of limitations. You shouldn’t have to wait to pursue a fair resolution for your accident.

Call our office today to arrange a free case evaluation.