What can I do if the other party involved in an auto accident is broke?

A 22 year old involved in an auto accident, not insured at the time, was at fault, and is not getting notice to respond within 10 days to send payment on 25,000.00. The 22 year old is a college student working part time and has student loans.
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AyerHoffman, LLP | David C. Ayer
Woburn, MA
A civil judgment against a defendant is good for 20 years in Massachusetts. It may then be renewed. It can be enforced at any time. The student may not have money now, but may in the future. Currently, wages may be garnished. Your personal injury attorney should be able to advise you on collection.

Answer Applies to: Massachusetts
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Joel H. Schwartz, P.C.
Your question is a bit difficult to answer because there is information missing to properly assess the situation. Did this claim go to trial and were you awarded $25,000? If that is the case, you are going to have a tough time collecting if the person has nothing. A judgement doesn't mean much if it is not collectible. Unfortunately, you can't get blood from a stone. You may be out of luck, but check with a collection attorney in your area. If the case did not go to trial, and you are seeking $25,000 from the defendant who has no insurance, the law in Massachusetts still allows you to make a claim through your own insurance policy. The law requires every car in Massachusetts to have insurance, but if this car did not, that is not your fault. The law allows you to make an uninsured claim through your own insurance policy. Every car has this coverage, and you go through your own company as if you are making a claim against the at fault party's insurance.

Answer Applies to: Massachusetts
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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