What Happens If the Person I’m Suing Has No Money?

If someone hurts you in an accident, you may have the right to sue them for damages. But what happens if the person you’re suing has no money? Can you still recover payment for your injuries?

The answer depends on the facts of your case. Even if someone has little money, they may have insurance or other assets that could help pay for your losses. A Chula Vista personal injury lawyer can review your case, look for ways to recover money, and explain your legal options.

Can You Sue Someone Who Has No Money?

Yes. You can sue someone even if they have no money. Their financial situation does not determine whether they are legally responsible for your injuries.

However, winning a lawsuit does not mean you will receive payment. If the person has no insurance, savings, or valuable property, collecting money may be difficult.

Before filing a lawsuit, your lawyer can investigate available insurance coverage and assess whether the responsible person may have assets that could satisfy a judgment.

What If the Person Has Insurance?

Insurance is often the best way to recover money from someone who cannot pay out of pocket. For example, if you were hurt in a car accident, the at-fault driver’s auto insurance may cover your losses. 

Depending on how and where the injury occurred, potentially applicable insurance may include:

  • Auto liability insurance
  • Homeowners insurance
  • Business liability insurance
  • Commercial vehicle insurance

Each policy has limits and rules about what it covers. Your lawyer can review the available policies and help you file a claim. Insurance may provide payment even when the person responsible has little money.

Can You Collect Money From Their Property or Wages?

If you win your lawsuit, the court may issue a judgment ordering the other person to pay you. California law allows certain ways to collect a judgment, such as taking money from bank accounts or wages. However, the law also protects some income and property.

You may be able to collect payment through:

  • Wage garnishment
  • Bank account levies
  • Liens against certain property
  • Other legal collection methods

Collecting money can take time, especially if the person has few assets or limited income.

What If the Person Files for Bankruptcy?

Bankruptcy can make collecting money harder. When someone files for bankruptcy, most collection efforts must stop while the case moves forward. Some debts may be wiped out through bankruptcy. 

Some debts may survive bankruptcy, depending on how the injury occurred and the applicable bankruptcy rules. For example, debts arising from certain willful and malicious injuries or unlawful intoxicated driving may not be discharged.

The United States Bankruptcy Code, 11 U.S.C. § 523, explains which debts may survive bankruptcy. Your lawyer can help you understand how bankruptcy might affect your injury claim.

Could Someone Else Be Responsible for Your Injuries?

Sometimes, more than one person or company may be responsible for an accident. For example, if a worker causes an accident while doing their job, their employer may also be responsible under certain conditions.

Other possible responsible parties include:

  • Companies that hired negligent drivers
  • Property owners who failed to fix dangerous conditions
  • Manufacturers of defective products
  • Other drivers who helped cause the crash

Your lawyer can investigate the accident to find every party who may be legally responsible. This may give you more ways to recover payment for your injuries.

What If You Cannot Collect the Full Amount?

You may not recover everything you are owed, even after winning your case. However, there may still be options. Your lawyer could negotiate a payment plan or seek payment from available insurance policies.

In some car accident cases, your own uninsured motorist coverage may help if the at-fault driver has no applicable liability insurance. Underinsured motorist coverage may also provide additional compensation when the driver’s available liability coverage is insufficient, subject to your policy’s terms.

It is important to review these options before spending time and money on a lawsuit.

Contact the Chula Vista Personal Injury Lawyers at Mission Personal Injury Lawyers for Help Today

If someone caused your injuries but has no money, you may still have ways to recover compensation. The Chula Vista personal injury attorneys at Mission Personal Injury Lawyers can review your case, identify available insurance coverage, and explain your options.

Our attorneys can help you pursue compensation for medical bills, lost wages, pain and suffering, and other losses. Contact us today to discuss your case and learn how we can help you move forward.

We proudly serve San Diego County and throughout California.

Mission Personal Injury Lawyers – San Diego Office
3666 Fourth Ave, San Diego, CA 92103
(619) 777-5555

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Mission Personal Injury Lawyers – Chula Vista Office
690 Otay Lakes Rd #130, Chula Vista, CA 91910
(619) 722-3032

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We also serve the state of Texas. For legal assistance, contact our personal injury law office in El Paso today.
Mission Personal Injury Lawyers – El Paso Office
201 E Main Suite 106, El Paso, Texas 79901
(915) 591-1000

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