In most injury cases, the defendant is not the one who actually ends up paying for the personal injury claim. Often, it's the defendant's insurer that pays. If the defendant doesn't have insurance, then they are personally responsible for the claim filed against them. So, what happens if the person who injured you has no insurance and no money or assets?
In personal injury cases, the injured person has to pay all the medical bills as they come in. it's also your responsibility to notify your insurance company how and why you were injured, and that it was someone else's fault, regardless of if they have any insurance or assets. Once you file a lawsuit to recover money paid in medical bills, a few different things can happen.
If the person who injured you has no insurance, you can sue them for damages. If you win, the court may issue a judgment that states the defendant owes you the amount in the lawsuit. If the defendant doesn't have any assets, or declares bankruptcy following the proceedings, you may have no recourse. The one exception is judgments resulting from DWI or DUI accidents. Under the U.S. Bankruptcy code, these damages cannot be discharged in bankruptcy and still must be paid. However, it may still take a long time to recoup your losses.
At Bouchillon, Crossan & Colburn, L.C., our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. If you or a loved one has been injured and is seeking a qualified personal injury attorney, contact our Huntington, West Virginia office to speak with an attorney about your case, or call 304-523-8451.