Is it worth suing an uninsured motorist?
Asked by: Meda Koch | Last update: October 14, 2025Score: 4.9/5 (17 votes)
What happens when you sue an uninsured motorist?
Yes, you can sue an uninsured driver, but it may not be effective. Most uninsured drivers don't have the assets to pay for your medical care, car repairs, or income replacement. If you win a lawsuit, the uninsured liable party might file for bankruptcy, making it difficult to recover compensation.
What is the disadvantage of uninsured motorist coverage?
Some cons to consider include: Additional cost: Adding uninsured motorist coverage to your policy typically increases your insurance premium, which can be financially burdensome. It is important to weigh the benefits against the added cost and your budget.
Is it worth suing someone with no money?
Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.
What are the chances of winning a personal injury lawsuit?
According to the U.S. Department of Justice, personal injury lawsuit outcome statistics include a majority (90 to 95 percent) settled before trial. Out of the small percentage that end up seeing a courtroom, the data suggests that the success rate of personal injury cases is around half.
Can I Sue An Uninsured Driver?
How much should I sue for personal injury?
To determine a good personal injury payout amount, review all the details of your case. Total your losses from the accident by adding the cost of your hospital bills and treatment. Speak with a medical expert to estimate the cost of future care you may also need.
What injuries are hard to prove?
Unfortunately, not all injuries are this clear. Some injuries can change a person's life, but are incredibly difficult to diagnose and treat. This is often the case when it comes to injuries such as whiplash, nerve damage, sprains, strains, mild traumatic brain injuries (TBIs) and concussions.
What happens if I sue someone and they can't pay?
The California statute of limitations for filing a judgment is ten years. If the debtor cannot pay or complete payment within this time, you must renew the judgment. The judgment must continue to be renewed to ensure the debtor pays the full amount.
How much money is enough to sue?
While most courts don't have a strict minimum amount you can sue for, the practical minimum is usually determined by the small claims court filing fee, which can range from around $25 to $50, meaning you would need to be suing for at least that amount to make it worthwhile to file a lawsuit; however, the maximum amount ...
How do I fight a lawsuit with no money?
Contingency means that your lawyer will agree to take on your case and represent you without requiring any payment upfront, allowing you to file a case with no money. Your lawyer will only receive payment for their services if and when you reach a positive resolution and some form of compensation in your case.
What is the best amount of uninsured motorist coverage?
I always recommend buying Uninsured Motorist coverage up to an equal amount with your third-party liability coverage, if you can afford it. This means, if you have $100,000 in liability coverage, you should buy $100,000 in Uninsured Motorist coverage.
What is the best protection against uninsured drivers?
Underinsured motorist coverage, which is usually offered alongside uninsured motorist coverage, protects you if you're hit by a driver who doesn't have enough coverage to pay for the damages or injuries they caused. Both coverages are mandatory in many states and highly recommended for all drivers.
Will my insurance go up if I get hit by an uninsured driver?
However, under California's proposition 103, insurance companies are not allowed to raise rates or drop a person because they made an uninsured motorist claim.
What does uninsured motorist coverage not cover?
In many states, uninsured motorist coverage will only pay for bodily injury and will not pay for damage to your car. There are some states in which you can only purchase uninsured coverage for property damage if you do not carry collision coverage.
Does an uninsured motorist claim go against your insurance?
California Law Forbids Insurers to Raise Rates
This makes California one of only two states in the country which has legislation on the books preventing insurance companies from arbitrarily raising rates after a consumer files an uninsured motorist claim following a no-fault accident.
Is there a deductible for uninsured motorist claim?
What is an uninsured motorist deductible? If an uninsured driver damages your vehicle and you carry uninsured motorist property damage (UMPD) coverage on your auto policy, your uninsured motorist coverage deductible is the amount of money you pay out of your own pocket for the claim on your damaged car.
How much does a lawyer cost to sue a company?
Hourly rates vary based on the lawyer's experience but rates are typically between $200 to $600 per hour. Hourly fees can be advantageous if the client wants to settle the employment case quickly and avoid litigation. A contingency fee arrangement is best if you want to sue but cannot afford to pay a lawyer.
Is it worth going to small claims court for $1 000?
Your ability to collect after winning a small claims case should be a top consideration. Consider this, if someone owes you $1,000, and you know they don't have money, is it worth going to small claims court? Probably not if the reason you are suing them is to get your money back.
How to prove you were not served properly?
Provide relevant photos or videos that either support your claim of improper service or contradict the counterclaim of the serving party. For example, if the plaintiff claims you were present during the service on a specific date, provide a photo that proves you were in another location on the said date and time.
What happens if you can't pay a car accident lawsuit?
The Consequences of Not Paying a Car Accident Lawsuit
The court could garnish your wages, put a lien on your property, or order you to sell assets to come up with the money. If you still cannot pay, you could be sent to jail. The court may allow you to set up a payment plan in some states.
Can I sue someone for selling me a car with a lien?
Yes, you can sue the seller for fraud if you were not told of the salvage nature of the title.
How to make yourself judgement proof?
- aren't working or have a very low-paying job, or your only source of income is government benefits.
- don't own many or any assets such as money in a bank account, investments, or equity in real estate.
What happens if someone sues you for more than your insurance covers?
You may face a lawsuit for the uncovered amount when damages exceed your policy limits. The injured party could attempt to seize your personal assets, which may include: Savings accounts. Wages (via wage garnishment)
What is the average payout for a personal injury claim in the USA?
Short Answer: According to data from 5,861 personal injury cases from 2021-2024, the average personal injury settlement in California is approximately $55,056. Most settlements and court awards will be approximately $3,000 to $75,000. The likelihood of receiving a payout in this range is approximately 70%.
What is the hardest injury to heal?
But injuries like torn ACLs, herniated discs, compound fractures, and dislocated joints are often considered among the most painful and challenging to recover from.