Unsatisfied Judgment Fund
Candlefocus EditorThe unsatisfied judgment fund stands to cover all medical expenses, including medical bills, that are not paid as a result of a motor vehicle accident. It also covers any non-economic losses incurred due to injury, such as pain and suffering and emotional distress.
In most states that have established an unsatisfied judgment fund, the fund provides protection for the driver, who would otherwise face financial hardship from paying for the damages themselves or from filing for bankruptcy. The fund is also beneficial to the victim, in that they will still receive compensation for the damages and injuries they sustained even if the at-fault driver is unable or unwilling to pay.
The criterion for eligibility for receipt of funds from an unsatisfied judgment fund is dependent on the laws of the state that established the fund. Generally, the fund’s primary purpose is to cover medical costs and damages that are not covered by a standard auto insurance policy. Eligibility requirements typically include proof of fault, whether the responsible driver is uninsured, and evidence that the responsible driver is unable to pay.
In cases where the unsatisfied judgment fund is applicable, the victim is entitled to seek compensation through a standard personal injury lawsuit. Victims may also be able to receive funds from the fund without going to court, generally by filing an affidavit with the unsatisfied judgment fund program.
In most states, the unsatisfied judgment fund is administered by the department of motor vehicles or some other state-run agency. As the size of the fund varies from state to state, the claims process and reimbursement amount may also vary. It is important for victims to review the laws of their state to determine their eligibility for funds and the procedure for obtaining them.