If someone gets into a car accident and the person respondsible was intoxicated and had no insurance can you file a civil suit? The responsible party was never porsecuted for DUI but she didn't have insurance. The injured party suffered bodily injury and incurred medical expenses and the vechile was totalled.
3 Answers from Attorneys
You can absolutely file a civil suit, executing on any judgment would likely be problematic, however. You could also look to your UM/UIM coverage, which is much more feasible if this coverage was in place on the date of accident.
The Defendant may be more interested in paying if they have a valid drivers license in which they would lose their license upon non payment of a Judgment on the first $10,000.00. I pursue at fault drivers who do not have insurance and if you do not have UM.
The owner of the vehicle is responsible also under our law.
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