I have liability and unisured motor vehicle and got rear ended

UPDATED: Sep 30, 2022

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I have liability and unisured motor vehicle and got rear ended

I was rear-ended 2 weeks on my motorcycle. My bike is probably totaled but I’m not hurt. However, the man who hit me is not insured. I have liability and my insurer says uninsured motor vehicle. It is telling me they will not pay for my motorcycle. What do I need to do? I do not want to take a loss of $6,000. The cops did come to the accident and I have the at fault driver’s information.

Asked on March 1, 2017 under Accident Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In theory, you can sue the at-fault driver: not having insurance does not mean that he might not be liable, or responsible to pay--it just means he does not have insurance to make the payment for him. In practice though, if he not only does not have have insurance but does not have much (or any money) or a reasonable wage/salary, even if you win the court case, you might not get anything--getting a judgment in your favor does not make money appear where these is none. Most people who have something to lose have insurance, to protect their assets, income, etc.; a very high percentage of uninsured drivers are uninsured because they earn so little they cannot afford insurance, or because they don't have anything worth protecting with insurance. Therefore, while you can sue him, it's possible that even if you sue and win, you will not get anything for it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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