What Determines Value of Injury Claim, If Defendant Has No Insurance?

Even though the situation has improved over the past half-century, and some states require that anyone that owns a motored vehicle needs to have the appropriate insurance. Additionally, all motorists must realize that uninsured drivers do not hesitate to make use of the available roadways. For that reason, anyone that plans to drive a car, truck, van or SUV must become familiar with the procedure to follow, upon colliding with an uninsured driver.

Two possible scenarios and two possible solutions

If the driver that has been hit carries coverage for an uninsured driver, then he or she can seek the compensation owed to someone that files an uninsured driver claim. In that case, the amount awarded gets based on the amount of available insurance.

If the affected driver has not purchased the coverage obtained with such a policy, he or she must discover whether or not the state has laws that cover compensation to drivers hit by a driver that lacks any type of insurance. If the state has no such laws, the unfortunate victim has no way to recover the money used to cover damages and medical expenses. That was the problem that a great many drivers faced between five and six decades ago.

Procedures followed as the result of a slip and fall incident

If the property owner has no insurance, the value of the personal injury claim depends on how much money the property owner has. In this case, a claim for a personal injury will be of greater value, if the owner has equity in the property. Of course not every property owner can claim equity in that same piece of real estate. Some property owners even allow their debts to pile up. In that case, any one of them could be on the verge of bankruptcy.

For that reason, a Personal Injury Lawyer in Brantford might decide to put a lien on the property where the trip and fall incident took place. Then money owed to the victim could not get recovered until the same piece of real estate was sold. This fact would also force anyone to have second thoughts about faking a fall, in hopes of obtaining such extra cash.

If someone falls on a section of rented property, that same injured person should be able to take advantage of a policy that includes a “no property owner insurance” provision. Such policies are written for the holders of private property. If someone falls on publicly-held property, the governing body for the region in which the accident was located needs to be contacted. That contact should be established within 10 days of the time of the accident. Failure to meet that deadline would force the injured person to abandon hopes for filing a claim.