Legal Question in Personal Injury in Delaware

Uninsured Motorist

My significant other was involved in a car accident last Friday afternoon. The vehicle he had been driving had been uninsured because it was not running. He had just gotten it repaired on Sunday and wanted to make sure it would stay running prior to applying for insurance. He was at fault in the accident. He failed to yeild. I have been doing what little research I can to try and help him, but I just want to get an idea of what he might face. He does have a ticket for failure to yield and one for driving and uninsured vehicl fine up to $1500. I know he can face a fine from DMV as well. I believe he may also be asked to pay for damages against the persons car he hit which, according to the tow yard manager, could be up to $5000. He is not faced with criminal charges so he cannot get any legal aid. He has no money to pay for $5000 worth of damages. My question is is there anything else we should be prepared for and if the insurance company would be willing to establish some sort of payment plan? Can he seek legal aid without having to pay for it now?


Asked on 10/24/00, 1:23 pm

2 Answers from Attorneys
Bruce W. McCullough Bodell, Bove', Grace & Van Horn. P.C.

Re: Uninsured Motorist

My firm does subrogation work in Delaware. I would need to know what insurance carrier insures the other person's car before I know whether I am in a position to answer any questions. Feel free to contact me directly.

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Answered on 11/15/00, 2:19 pm
Jeffrey Friedman Beverly L. Bove, Attorney at Law

Re: Uninsured Motorist

The driver of the uninsured car is faced with several other problems and potential claims. First, the insurance company that has to pay the property damage on the other car will probably file suit to collect its money back. Second, the other driver, if injured, my sue for personal injuries.

At this point, I would look to see if any other insurance may apply. Does the uninsured driver own any other cars? Does he/she live with any that owns a car? If so, those insurqacne policies may apply. If there other policies that may apply, the accident should be reproted to them ASAP.

Generally speaking, the insurance company will accept a payment plan. However, the may seek interest and attorney fees from you as part of the plan. Make sure to consult a lawyer prior to signing any type of payment plan.

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Answered on 11/15/00, 2:29 pm


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