Many people automatically assume that making a claim against a driver who does not have insurance is not worthwhile. In general, a person who cannot afford insurance probably cannot afford to pay damages for your medical expenses or pain and suffering.
It is important to bear in mind, however, that inability to pay is not the only reason why people allow car insurance to lapse. Furthermore, it may be possible for someone who is experiencing temporary financial difficulty to pay you at a later time. Here are some ways that you may be able to get compensation from an uninsured driver.
A court may order a payment plan
If a court finds that a defendant lacks sufficient funds to compensate a plaintiff, it may set a payment plan. In this type of arrangement, a defendant must make payments periodically. Payments will often represent a percentage of a defendant’s income so it does not impose untenable hardship and payments may increase as a defendant’s income increases.
An uninsured driver could have assets
In evaluating a defendant’s ability to pay, a court will consider the value of real and personal property that a defendant owns. You may be able to get a lien on certain types of property, or a defendant may sell property in order to satisfy a judgement.
You should not necessarily give up hope on getting compensation for a car accident simply because a defendant does not have insurance. You may have more trouble pursuing damages than you would from an insured driver, but you may still have remedies available.