Identifying Possible Sources of Compensation
When you’ve been hurt in a motor vehicle accident, as the result of the carelessness or negligence of another motorist, you have a right to seek compensation (known in legal terms as “damages”) from those who caused the accident that led to your losses. Obviously, when another driver fails to use reasonable care on the roadway and causes an accident, you have legal recourse to pursue a monetary award from that person. But what if he/she has no insurance and has no meaningful assets to pay for your damages? Where else might you look for compensation?
There are other options available:
- If the person who caused your injury was on the job at the time of the accident, you may be able to bring a lawsuit against his or her employer, based on the legal theory of “respondeat superior.”
- If the person who caused the accident was intoxicated or otherwise impaired at the time of the crash, you may have a “dram shop” or “social host liability” claim
- If the person was driving someone else’s vehicle at the time of the accident, you may have a claim against the owner, if the owner knew or should have known of the driver’s lack of skill or reputation for carelessness
- If the accident resulted from the malfunction of a motor vehicle or one of its components, you may be able to make a product liability claim against the designer, manufacturer, distributor or retailer
- If the accident was caused by some roadway defect, you may have a claim against the municipality responsible for maintaining the streets and highways
Contact Attorney Gregg A. Wisotsky—Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.