If you have been injured in an auto wreck by an Uninsured Motorist but don’t have UM coverage, it may be beneficial to file a lawsuit depending on certain factors unique to your case.
Whether or not the at-fault party has sufficient assets, it is pretty common to file a lawsuit when damages need to be recovered.
You can file a lawsuit against a driver even if they don’t have insurance. In some cases, you may find that the accident happened while the at-fault party was working for their employer (even as an independent contractor). In which case, you may seek a judgment against the employer under the doctrine of Respondeat Superior (Louisiana Civil Code, Article 2315.3).
When suing an uninsured driver, there is a chance that there will not be much to gain. If you do not have Uninsured Motorist coverage, there is no insurance contract to go after, and there is no employer in the situation, it is difficult to say what the outcome of a case may be. These lawsuits are often filed to secure your right to recover damages. When a judgment is made, you may be able to find assets that can satisfy the judgment and cover your financial needs. However, if the judgment is for a rather large amount, the at-fault party may file for bankruptcy and obtain relief for the funds they owe.
There is no guarantee of what may happen when filing suit against an Uninsured Motorist; however, some circumstances do warrant filing a lawsuit against an individual. Speaking with an experienced attorney is the best way to determine what the best course of action may be for you.
For more information on Auto Accident Cases In Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (337) 289-0626 today.
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