Legal Question in Personal Injury in Ohio
Not at fault driver uninsured
My neighbor was rear-ended in a motor vehicle accident where he was not at fault. He wants to sue as his car is severely damaged andhe is suffereing spinal pain; however, he is temporarily uninsured. Can he file a suit under said circumstances?
4 Answers from Attorneys
Re: Not at fault driver uninsured
Whether your neighbor is insured, or not, does not prevent him from suing the at-fault party for his damages/injuries. However, if the at-fault party has no insurance, your neighbor has no underinsured/uninsured policy of his own to turn to for relief. If the at-fault party has no insurance, but has assets, your neighbor may still be able to receive compensation for his damages.
Re: Not at fault driver uninsured
The fact that your friend was not insured does not affect his ability to recover for his injuries or property damage. He should contact an attorney. If i can be of any help please call me a 216.241.2500.
Re: Not at fault driver uninsured
Atty. Sommer is correct. He can sue but the person that hit him needs to be insured or have assets to collect.
Joe Jacobs
216-952-1990
Re: Not at fault driver uninsured
Though unadvisable to do so without an attorney, if your friend wants to proceed without one in any event, he may want to consider attempting to resolve the matter directly with the other driver's insurance company without filing a lawsuit. Before attempting to do so, however, he needs to be examanined by a medical doctor and follow whatever course of treatment is prescribed. Ideally, he should also get a clean bill of health before settling and releasing any claims.
Eileen Joyce
(216) 687-1244, Ext. 701
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