May 25, 2023 | Accidents

We pay auto insurance not only because it is a requirement of the law but also to ensure that we have a financial cushion in case of an accident. Unfortunately, not everyone adheres to the law. There are millions of drivers that are uninsured or underinsured. Recovering compensation for your damages can be complicated when you are involved in an accident with an uninsured driver.

If an uninsured driver crashed into you, you won’t be able to recover compensation from their insurance provider. This is because the uninsured driver has no insurance coverage. So how can you recover compensation for your injuries and damages?

Suing An Uninsured Driver

One way of recovering compensation is by suing the uninsured driver in a personal injury lawsuit. However, there is a very good chance that you won’t be able to recover compensation from the uninsured driver this way. If the uninsured driver could not afford to pay insurance in the first place, there is little chance that they will be able to pay you compensation even if you are successful with the lawsuit.

Suing an uninsured driver is only worthwhile if the uninsured driver has suitable assets. However, it is rare that you find an independently wealthy driver or a person with assets that cannot afford to pay their auto insurance.

If you do decide to sue the uninsured driver, your lawyer will:

• Run an asset or credit check on the defendant. This is done to verify that the defendant has adequate assets to make the lawsuit worthwhile.
• File a lien on any assets that were discovered during the asset or credit check in order to prevent the defendant from getting rid of them in order to avoid losing them as a result of the lawsuit.
• Bring a lawsuit against the defendant. If the judgement is made against the defendant, the defendant will enter a payment plan with weekly or monthly payments to compensate you.

Using Your Own Insurance Coverage

If you live in a no-fault state, you will be able to recover compensation for your medical bills and some damages from your own auto insurance coverage. In these states, the fact that the at-fault driver was uninsured does not matter as much. However, in these states, your ability to sue the at-fault driver is limited. You can only sue them when you have suffered a serious injury or have incurred medical bills above a certain amount.

If you live in a state that does not apply mandatory no-fault insurance rules, you can purchase personal injury protection (PIP) insurance. You can therefore make a claim against your own insurance coverage to recover compensation for your medical bills. With this insurance coverage, you won’t have to wait until you complete your treatment to make a claim.

Another option is to file an uninsured motorist claim against your own insurance provider. It is important to do this as quickly as possible as there are strict deadlines that insurance companies place on their policies for these types of claims. The process of filing a claim against your own insurance company is similar to the process of making a claim involving a driver with insurance coverage. However, you will most likely be faced with resistance from the insurance company.

Get Legal Support

If you have been involved in an accident that was caused by an uninsured driver, you should get in touch with an experienced attorney as soon as possible after the accident. An attorney will:

• Review your case

An experienced attorney will review the circumstances of your case and determine the best approach to recovering compensation. They will help you explore the options available to you and guide you on the approach that they believe is best.

• Build a strong claim

An experienced attorney will gather the necessary evidence to build a strong claim on your behalf. They will engage experts to recreate the accident and establish the cause of the accident. They will obtain vital documents such as medical reports and police reports to support your claim.

• Handle all communication

Dealing with insurance companies isn’t easy. Oftentimes, insurance companies will be resistant to compensating you for your injuries and damages. Attorneys are experienced with dealing with insurance companies. They know how to approach insurance companies and fight to recover just compensation on your behalf. They will handle all aspects of communication with the insurance company including negotiating on your behalf.

• Represent you in court

Your attorney will represent you in court and fight to recover compensation on your behalf. Your attorney will work to build a strong case on your behalf. They will argue your case in front of a judge and jury and work to secure a favorable outcome on your behalf.

Have you been involved in an accident with an uninsured driver? Contact our law firm to schedule free consultation with an experienced attorney and learn how we can help.

Uninsured driver crashed into me