The usual order of operations when a personal injury attorney files a claim includes working with an insurance company. What happens, however, if the defendant doesn't have insurance? Let's take a look at how folks in the personal injury attorney services world usually deal with that scenario.
Negotiating
It's possible that the defendant has the resources needed to pay a settlement. As any personal injury attorney would tell you, that doesn't necessarily mean they're inclined to negotiate.
The courts, though, do require parties to a matter to make good-faith efforts to resolve matters without involving a judge. That means that absent an insurer for the defendant, the claimant should still send notice of intent to seek compensation to the defendant and their counsel if they have any.
Some defendants are self-insuring. It may be possible to negotiate. Even if that proves to be a failure, you'll at least be able to prove to the court that you exhausted the available legal options before pursuing a lawsuit.
Considering Another Target
You may need to look at whether there might be another viable target for your case, especially if the defendant is particularly poor and has no assets. For example, a person who had a slip and fall incident on a sidewalk might at least want to look into whether suing the city is an option. A similar approach might be used if a business was a rental tenant in a building owned by another company, with the claim going against the building's owner. It's not a great idea to move the target off of the most obviously responsibly party, but it may be the only way to get compensation.
Suing
Suppose you went ahead with suing the uninsured party. It's not unknown for these kinds of cases to go to court. Uninsured folks often lack the money to settle out of court, and some that do have the money are more inclined to put up a fight than an insurance claims adjuster would be.
Presuming everything goes your way during trial, you'd be awarded a judgment. The court would immediately ask the defendant to either pay or make payment arrangements.
What if They Still Can't Pay After Being Sued?
Placing a lien on the defendant's property is the next recourse. It may also be possible for your personal injury attorney to ask the court for a wage garnishment. Some combination of these two options might be considered, too.
For more information, contact a personal injury attorney.
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