So here’s the fact pattern that I see all too often. Assume that you were in a car accident and the other person has no insurance or very low coverage to cover your injuries; the question is, can you sue that person to hold them responsible and can you go after their personal assets to pay for your injuries? This is some inside information on how I view these types of cases and what I do in these situations. First, the answer is yes, you can sue the other person who caused the accident and hold them responsible and attempt to go after their personal assets. But the big problem for me and other attorneys that I know is that collecting those assets against someone is very difficult.
First, typically, the people I see who have low insurance or no insurance, don’t have many assets to be collected against. Second, they can always file for bankruptcy to protect their assets if you get a judgment against them. So in a scenario like this where someone has no or low insurance, trying to collect assets against someone else is like getting blood from a stone. Plus, lawyers like me only get paid if we recover money for our clients. So if we can’t recover money for our clients, we can’t do our job and represent them. This is why it’s critically important to carry uninsured motorists coverage for this situation.