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Do I need to hire a car accident lawyer if I didn't have insurance?

Asked by user in Alabama.

My sister had a wreck and didn't have insurance. She is being sued in another city, even though they both live in the same city. What will happen when they say it's her fault? Does she need an attorney, when she knows she will be guilty of having no insurance?

Answered by Enjuris Editors:

Thank you for your question. In most cases, a plaintiff can file a lawsuit in:

  • The county where the defendant (your sister) lives, or
  • The county where the accident occurred.

Whether or not your sister has insurance doesn't have any bearing on the issue of liability. In other words, your sister isn't at fault for the accident just because she didn't have insurance.

However, if she is found at fault for the accident, her lack of insurance will impact how she satisfies a judgment against her. Because she doesn't have insurance, she'll have to personally pay any judgment against her. If she doesnt have the money to pay, the plaintiff can attempt to garnish a certain percentage of her wages or even collect some of her assets.

Your sister might benefit from an attorney if:

  • She doesn't think she was at fault for the accident, or
  • She doesn't think the amount of damages requested by the plaintiff is reasonable or accurate.

Most attorneys offer free initial consultations. Accordingly, your sister could always meet with an attorney to discuss her case and decide whether hiring an attorney would be beneficial.

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