USUALLY, IN ACCIDENTS, THE AT-FAULT DRIVER’S INSURANCE PAYS FOR DAMAGES AND LOSSES SUFFERED IN THE ACCIDENT. BUT WHAT HAPPENS WHEN THE DRIVER IS UNINSURED? HOW DO YOU SEEK COMPENSATION?
Dealing with the aftermath of a car accident is overwhelming enough, but finding out the at-fault driver has no insurance can be devastating. Although most states require a minimum car liability insurance, people drive without insurance.
According to statistics, over 28 million drivers in the US have no auto insurance.
We’ve explained how to handle being in an accident with an uninsured driver.
Handling a car accident with an uninsured driver
If you get into a car accident with an uninsured driver, handle it like any other car accident by following these steps:
1. Contact law enforcement.
Contact law enforcement if you get involved in an accident with an uninsured driver. You need to file a police report containing the important details you will use as evidence. Be sure to give the police office facts, and tell them the exact details of the accident.
2. Gather evidence
Try to gather as much evidence as possible. Take photographs of the accident and the damages suffered, the bodily injury sustained, the make and model of the vehicle involved, the license plate number of the at-fault driver, the time and location of the accident, and others. These will be useful when filing a claim.
3. Exchange information with at-fault driver and witnesses
The at-fault driver may not have insurance, but you may still exchange other important information, like their contact vehicle details and contact information. Ask for witnesses’ contact information as well; you may need their statements when you proceed with a lawsuit.
4. Don’t accept any payment.
The uninsured driver may face huge fines and fees for driving without insurance. To try to avoid legal repercussions, he may offer you money. Don’t accept it no matter how good of a deal you may think it is because, at the very moment, you have no idea what your damages may cost.
5. Report the accident to your insurer.
Ensure you also report the accident to your insurance company. Since the other driver is uninsured, you should find out what your insurance company can provide you.
6. Seek medical assistance
Whether in an accident with an insured or uninsured driver, you should always seek medical assistance. Remember, even your insurance company may try to lowball you if you don’t have proof of your injuries.
7. Keep records
Keep records of all your accident-related documents. You can keep them in a file if you feel it’s necessary. Don’t lose them.
Options when involved in an accident with an uninsured driver
If you were involved in an accident with an uninsured driver, do not assume you will receive financial recovery through compensation. However, there are two options can take:
File an Uninsured Motorist Claim with Your Insurance Company
We encourage drivers to maintain underinsured and uninsured motorist coverage in the event of situations like this.
If you carry uninsured motorist coverage, your insurance company would compensate you for Economic and non-economic damages, including (but not limited to:
- Cost of medical treatments
- Loss of income
- Loss of earning capacity
- Decreased quality of life
- Loss of enjoyment
- Pain and suffering
- Out-of-pocket expenses
The value of the compensation you may receive depends on the severity of your injuries and the damage suffered. However, to receive compensation, you must prove that the at-fault driver is uninsured and present proof of damages. At this point, you need an attorney because your insurer may offer you a lower amount than you deserve. To ensure you obtain maximum compensation, employ the services of an auto accident attorney.
If your insurance policy does not contain underinsured or uninsured motorist coverage, this situation may be difficult for you to navigate. But not impossible. Speak to your insurance to determine your coverage. Your insurance may cover only medical treatments, so you have no option but to prepare for legal action.
File a lawsuit against the uninsured driver
You can opt to file a lawsuit against the uninsured driver to receive compensation for damages. All lawsuits have risks, the risk of losing.
A driver without insurance may not have assets or income to pay if the court rules in your favor. They may declare bankruptcy. When this happens, it’ll be nearly impossible for you to recover your losses.
Contact an auto accident attorney to evaluate your case and analyze the strength of your claim. Your attorney will advise you on whether to proceed with a lawsuit or not.
Why hire an attorney?
Auto accidents with uninsured drivers can be tricky and challenging. You cannot handle them alone. It would be best if you had the assistance of an experienced auto accident attorney to help navigate your case and ensure you receive the compensation you deserve.
You need an attorney to assist you in the following way:
- Analyzing your case – you need an attorney to analyze your claim and determine if you can recover compensation if your insurance doesn’t cover your losses from the accident.
- Filing the lawsuit – you need the help of an attorney in filing the lawsuit against the at-fault driver.
- Collecting relevant evidence to prove your claim – your attorney will help collect evidence, including police reports, medical reports, and others.
- Representations – your attorney will represent you when your insurance company attempts to lowball you and represent you in court if you decide to sue the at-fault driver.
Contact Bojat Law Group
When the at-fault driver does not have insurance to cover your damages, you need to seek legal help. At Petro Law Group we offer aggressive legal representation and will assist you in gathering the necessary evidence to prove your claim.