What Happens if the Uninsured Motorist Does not Pay Damages Awarded by a Court?

If you get into a crash with a driver who doesn't have enough or any insurance, then you might be able to sue that person in a court of law. First, you need to see if your state follows a negligence or no-fault standard. In a no-fault standard, each person and his or her insurance company is responsible for covering their damages no matter who caused them. Only in the event of extraordinary damages can sue the other party in a no-fault state.

However, in a negligence standard state, you can sue the other person if their unreasonable conduct caused your damages. After you obtain a judgment in court, you can collect against that person's property to cover the cost of your injuries. However, this doesn't mean that they will have enough property to account for your harms. Generally, those who don't have any or sufficient insurance in the first place will not have enough personal assets to make you whole again after one of these accidents. Therefore, it's important to understand what you need to do next.

According to the Illinois Safety and Financial Responsibility Law (625 ILCS 5/7), if a court orders an uninsured motorist to pay a judgment and that person does not or cannot pay that judgment within 30 days, then the court will order the Secretary of State's office to suspend that person's license/registration. The license/registration will not be reinstated until proof of payment of the judgment is made and, if the award is for more than $500, a Financial Responsibility Insurance form (SR-22) is submitted as well.