When a car accident happens, insurance coverage is usually available for injuries and property damages. If a driver is uninsured, then questions come up about the remaining expenses from the accident.
As the victim of an accident, you shouldn’t have to carry the ongoing financial strain. Instead, talk to a car accident attorney for assistance in recovering the money you deserve.
Liability Car Insurance: Uninsured vs. Underinsured
Almost every state has requirements for a required amount of liability car insurance. Every driver should have an insurance policy in place before getting behind the wheel. Unfortunately, 1 in 8 drivers is on the road without insurance.
These uninsured drivers mean that you could be vulnerable to the financial burden of medical bills and more. In addition to uninsured drivers, many other people are underinsured. This means that the medical bills and repair costs are higher than the insurance policy.
Who is at Fault in the Car Accident?
When a car accident happens, police determine who is at fault. For example, if you are sitting at a stoplight and someone rear-ends your car, it is obviously the other driver’s fault. In complicated accidents, it takes an investigation to decide the driver at fault.
Determining the driver at fault is a critical step because it affects how the insurance companies pay for injuries and damage. It doesn’t matter if you are the person at fault or a victim – always hire an attorney to protect your interests. You could be facing personal liability beyond the available insurance coverage.
Hit By an Uninsured Driver? Follow these Steps
When an accident occurs and you discover that the other driver is uninsured, you need to be proactive about the situation. Here are a few tips to help:
- Report the Accident: Always call the police, even if it is a minor fender-bender. It doesn’t matter if the other driver has insurance ─ you should always file a report. When you are dealing with an uninsured driver, you must document the accident through the official channels. The police report makes it easier to get through the insurance claims process.
- Ask for the Driver’s Information: Even though the other driver doesn’t have insurance information to provide, be proactive about gathering as much information as possible about the person. Ask for their name, phone number, and vehicle details (license plate and VIN). It’s also wise to collect information from other witnesses since their statements can be helpful when building your case.
- Don’t Agree to a Private Settlement: If the other driver doesn’t have insurance, they might offer you money to avoid the legal consequences. Driving uninsured comes with high fees and fines. It might be tempting to accept an upfront payment. But you don’t know the full extent of your injuries and ongoing medical requirements. Even if the offer seems appealing, don’t accept any money until you talk to an attorney.
- Take Photos and Videos: Document everything related to the car accident. For example, photos and videos can be helpful evidence to show the damage done to your car. Record the details about both injuries and property damage. Photos can also give an overall description of the crime scene, showing the direction the vehicles were traveling, traffic signs, and more.
- Report to Your Insurance Company: Provide information to your insurance company about the accident. When the other driver is uninsured or underinsured, you might have available coverage through your own insurance policy.
- Never Accept Liability: It’s always best to keep your mouth shut before you talk to a lawyer. Don’t accept even partial liability for the accident. This mistake could make you partially responsible for paying for the injuries and property damage. Avoid saying anything that could appear as an admission of liability. Even something as simple as “I am so sorry” can be used against you if taken out of context.
- Visit a Doctor: Always pursue medical care and evaluation to document the injuries. Even if you aren’t suffering from serious injuries, you might have other symptoms in the coming weeks and months. Start a conversation with the doctor without delay.
Your Options When a Driver is Uninsured
What options should you consider if the other driver is uninsured? It’s wise to talk to a car accident attorney about your options. Potential solutions might include:
- Your Car Insurance Policy: Do you have extra coverage through your personal insurance policy? Many of these plans include coverage for underinsured and uninsured drivers. You might be able to file a claim through your insurance provider to cover the expenses.
- Health Insurance: When you are dealing with serious medical injuries from the accident, you might access coverage through your health insurance plan. Your attorney can contact the provider for more information.
- File a Lawsuit: Another option is to file a lawsuit against the at-fault party. The decision to file a lawsuit depends on a variety of factors, including the severity of the accident, assets owned by the driver at fault, and the amount of compensation you are seeking. A car accident attorney will offer advice to help you decide if you should move forward with this lawsuit.
Other Things to Consider When Filing a Lawsuit
There are situations where it is clear that the other driver is at fault for the accident. But don’t overlook other potential liabilities that you should include in your lawsuit. For example, if a mechanic caused damage that affected the vehicle’s roadworthiness, then an accident could mean that the mechanic is partially or fully liable.
The vehicle manufacturer would be another example of potential liability if a mechanical defect contributed to the car accident. Or, you could pursue compensation from the employer of the driver at fault if the person was on the job at the time of the accident.
Our Legal Team is Here to Help
You need legal support when the other driver is uninsured or underinsured. For more information about the legal services available, talk to us at Wormington & Bollinger. We offer full-service care for accident victims, helping you access compensation for your medical bills. Contact us to schedule a consultation.