Visitor Question

Elbow injury from rear end collision…

Submitted By: RCA (Macon, GA)

I was rear ended at red light by an uninsured motorist. He was charged with following too closely. He had no insurance and was driving on a suspended license.

I have full insurance coverage. I jammed my left elbow in the collision. Therapy has been successful thus far since the accident happened. Now I’m on home therapy.

Is there any way to get this driver to pay, even though he was uninsured? It seems wrong he should just get away with his irresponsible behavior. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear RCA,

You have the right to pursue the driver personally. Your are fortunate to have proof of his negligence in the form of the ticket he received for following too closely. If the driver has personal assets you should consider suing him. He may have stocks or bonds, savings or other assets. You can file suit in one of Georgia’s small claims courts. In the State of Georgia the maximum amount, or jurisdictional limits you can sue for is quite high at $15,000.

If the driver was driving on a suspended license, it’s likely he was, or should have been arrested. In the State of Georgia driving on a suspended license is a criminal offense.

If he was arrested, contact the district attorney assigned to his criminal case. Tell the prosecutor you were injured and sustained damages. Be sure to tell the prosecutor the driver had no insurance. In the likely event the driver receives a probated sentence, the prosecutor can ask the judge, as part of the driver’s probation rules, to order the driver to pay you for your damages. If the driver fails to pay you, he can be subject arrest.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 16, 2014

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