What if the defendant does not have insurance? Lawyer Manual

First, the plaintiff A person or party that starts a lawsuit should look to his own policy to see if he can recover. If he has uninsured motorist coverage, there is a good chance he can recover from his own insurance company. If the insured and insurer cannot come to an agreement as to liability and damages, most policies will require that the parties go to arbitration When parties present their case to a third person instead of going to court. The arbitrator’s decision is binding. This means it becomes part of the final judgment even if the parties don’t agree with it. for their resolution. The plaintiff may have to sue the alleged at-fault driver(s) if the statutes of limitation are nearing, to protect some potential future collection from that party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. in case the recovery from insurance is not sufficient.

Apparently, the problem with uninsured drivers is the collection. If the Plaintiff gets a judgment An official decision by a court that ends the dispute between parties , the plaintiff has the right to proceed against the defendant The person or organization being sued in a lawsuit ’s non-exempt assets Anything a person owns that has financial value , like wages The amount of money that a person is paid for work they do , savings, real estate Property consisting of land or buildings like a house or an apartment and cars, through supplemental proceedings. A judgment creditor Someone who is owed money from a motor vehicle accident may also ask the IL Secretary of State to suspend the judgment debtor A person who owes money to someone else ’s driving privileges. 625 ILCS 5/7-303. They will remain suspended until:

• The debtor is paying via a payment plan with the Plaintiff
• The judgment is paid in full, or
• The debt is discharged in bankruptcy