Suing an Uninsured Driver for Damages in Wyoming
You have two options if injured in an accident with an uninsured driver in Wyoming.
You can either file a claim under your uninsured motorist coverage or sue the other driver for damages.
If you have uninsured motorist coverage, the team at Platte River Injury Law recommends filing a claim for uninsured motorist benefits under your policy. This is the safest way to ensure that you receive compensation for your injuries.
However, if you don’t have uninsured motorist coverage, your only other option to recover compensation is to file a personal injury lawsuit against the other driver.
If you don’t have uninsured motorist coverage, you should contact a Wyoming personal injury lawyer today to help file your personal injury lawsuit.
Should I File a Lawsuit Against an Uninsured Driver in WY?
There are several considerations to take into account when deciding whether to file a personal injury lawsuit against an uninsured driver.
However, suing an uninsured driver might be your only option to have a chance at receiving compensation. You should contact a Wyoming personal injury lawyer to see if a personal injury lawsuit is worth pursuing.
The Other Driver’s Ability to Pay the Judgment
When considering whether to file a personal injury lawsuit against an uninsured driver, the most important consideration is the other driver’s ability to pay the judgment. Even if you win your lawsuit, you won’t get any compensation if he or she does not have money to pay the judgment.
This risk of not receiving compensation adds to the stress of a lawsuit. Even if you win and the defendant can pay the judgment, you may not receive as much compensation as you think you deserve, or you may have to wait for some time to collect.
Odds of Winning at Trial
A lawyer will also have to take into consideration your odds of winning at trial. Most of the time, personal injury lawyers only take cases they think they can win because they typically get paid on a contingency basis. This means that your lawyer gets paid a percentage of your damages award only if you win at trial.
Additionally, a lawyer incurs many expenses during a lawsuit, including expenses for witnesses, depositions, copying and producing documents, and increased billable hours. It may not be worth filing a lawsuit if the expenses outweigh your odds of winning.
Statute of Limitations
You must also be aware of the statute of limitations for filing personal injury lawsuits. A statute of limitations is the amount of time you have to file your case. In Wyoming, you have four years from the date of your car accident to file your personal injury case.
What Happens If I Win My Lawsuit but the Other Driver Can’t Pay the Judgment?
Even if the other driver does not have money to pay a judgment, you still have options to receive compensation if you win at trial. Two common options to receive your compensation include putting a lien on the other driver’s property or using a payment plan.
Lien on Property
A personal injury lawyer can put a lien on the other driver’s property if he or she doesn’t have any money to pay you. While your lawsuit is pending, a lis pendens lien can prevent the defendant from selling the property. Once you win your lawsuit, you can place a judgment lien on the property.
You can get paid either by foreclosing the judgment lien or collecting when the defendant sells or refinances the property. However, your ability to foreclose may be limited if the property is the other driver’s primary residence.
Talking to a Wyoming personal injury lawyer is the best way to decide whether this option could work for you.
Another option to receive compensation is to employ a payment plan. A payment plan is commonly used where the other driver has some money but not enough to pay the full judgment.
A personal injury lawyer can help you create and negotiate a payment plan with the other driver to ensure that you get paid the compensation you are owed.
Why Should I Contact the Team at Platte River Injury Law?
If you don’t have uninsured motorist coverage and still want a chance at receiving compensation for your injuries from an uninsured driver, you should contact the team at Platte River Injury Law. We will honestly evaluate whether it is worth filing your case against the other driver.
If we think filing a lawsuit is worth your time and money, we will fight to get you the compensation you deserve through any possible avenue. Contact us today to schedule your free consultation.