The Liability of the Injured Party in the Absence of Health Insurance
Health insurance is a critical component for full-time employees, yet it is not a universal right. If you are infirm, disabled, or unable to work, Medicare or Medicaid might be available, but for most individuals, purchasing health insurance is a personal responsibility. Despite these realities, the question remains: can you sue someone if they are not insured?
Legal Rights vs. Personal Choice
Health insurance and medical care are primarily seen as services rather than rights. This means that while individuals have the right to seek medical care, they do not have the legal right to sue providers for not having insurance. Choosing not to have health insurance is a personal decision, and it does not entitle the injured party to compensation through legal means.
Uninsured Motorist Coverage: A Specific Case
In the realm of motor vehicle accidents, there is a specific type of coverage called uninsured motorist coverage. This coverage is designed to provide protection for those who are injured by drivers who do not have insurance. While this type of coverage can offer significant benefits, it does not change the general principle that suing someone for not having insurance is not feasible.
Tim Akpinar, a legal expert, notes that in motor vehicle accidents, there are instances where uninsured motorists' coverage can offer protection. However, this coverage is limited and does not eliminate the need for injured parties to follow the normal legal process for filing a lawsuit.
Legal Considerations When Filing a Suit
Before you consider a lawsuit, it is essential to understand what losses you have suffered. In the case of physical injury, showing that someone else's negligence is the primary cause can greatly increase your chances of a successful lawsuit. However, the lack of insurance does reduce your chances of receiving compensation, as insurance companies often play a critical role in settling these types of cases.
The Process of Filing a Suit
To file a lawsuit, you must follow the legal process in your jurisdiction. The process can vary widely depending on the local laws and regulations. In general, you will need to gather evidence, seek out legal representation, and proceed with the filing of the lawsuit.
Collecting Damages: The Real Challenge
Even if you win a lawsuit, the collection of damages can be a significant challenge. As a legal expert mentioned, suing someone and winning is not the same as collecting the awarded damages. Cases involving realtors, for example, highlight the difficulties in collecting funds from those who have insurance that does not cover the specific damages, such as unethical business practices.
In another scenario, an individual faced with a realtor who did not disclose pending legal issues when selling a property found themselves with a judgment against the realtor. However, they encountered significant difficulties in actually collecting the $50,000 awarded to them from the realtor.
The key takeaway is that while legal action is possible, the collection of damages after a successful lawsuit can be incredibly challenging. It often requires extensive effort, resources, and patience.
Conclusion
While health insurance is not a universal right, and suing someone for not having it is not legally viable, accidents and injuries can still leave individuals seeking compensation. Understanding the legal process, potential challenges in collecting damages, and considering the specific circumstances of your case can guide you in deciding whether to pursue legal action.
Regarding uninsured motorist coverage, it is a useful tool, but it does not change the broader legal realities. For non-specific injuries or non-automobile accidents, traditional legal avenues might need to be explored, and the collection of damages can be a significant hurdle.