What are my options regarding damage to a towed vehicle when there is no insurance coverage?

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What are my options regarding damage to a towed vehicle when there is no insurance coverage?

I hired someone to deliver a travel trailer RV I had recently purchased. The person towing it wrecked it in part due to towing it with an improperly equipped vehicle (bumper hitch was inadequate for the trailer weight). His insurance company says his coverage had lapsed and they will not cover it. I had not added the RV to my insurance as it is usually covered by the towing vehicle policy and I don’t own a tow vehicle. 

Asked on November 3, 2010 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can always sue someone who was at fault--e.g. negligent or careless--in damaging your property. You can sue them even if they do not have insurance--insurance provides a way to pay, but not having insurance does not insulate someone from liability; it just means that  if they lose, they'll have to pay out of pocket. Of course, sometime those without insurance also don't have the money or assets to pay, which means that even if you win, you might not be able to recover; however, if the person has a business and business equipment or vehicles, and especially if the amount is a few tens of thousands of dollars (not hundreds of thousands), there's a decent chance you will be able to recover at least a portion of the damages if you sue and can establish fault. It would be worth it for you to discuss the matter with an attorney in detail. Good luck.


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