UNINSURED CAR ACCIDENT LAWYER

An uninsured motorist is a driver who has no valid auto insurance. Uninsured motorists are still legally responsible for injuries and property damage they cause in car accidents. However, it can be difficult to collect. Knowing what to do if an uninsured motorist causes a car accident is important.

Get Medical Treatment

Call 911 if you or a passenger needs emergency medical care. If you don’t need immediate treatment, go to the emergency room, an urgent care center, or your primary care physician as soon as possible.

Some injuries do not cause immediate symptoms. Getting prompt care even when you don’t think you have a serious injury, can prevent injuries from getting worse.

Additionally, it ensures you have documentation to support your claim. The longer you wait, the more difficult it is to prove that the accident caused your injuries.

Call the Police

If you did not call 911, contact the non-emergency or accident reporting number to report your accident to the police. File a police report and obtain a copy as documentation for your case.

Document the Accident

Take photos and videos of the accident scene and both vehicles. Write down the names, addresses, driver’s license numbers, and contact information of the other driver, passengers and any witnesses.

Record the year, make, model, color and license plate number of the other vehicle. Write down what you remember from the accident.

Contact an Uninsured Car Accident Lawyer

Dealing with an uninsured driver makes obtaining compensation more complicated. An uninsured car accident lawyer can help you explore all of the options you have and improve your chance of recovering compensation for your injuries and property damage. Your attorney can also deal with your insurance company on your behalf and ensure you don’t make mistakes that could harm your chance of recovery.

Contact Your Insurance Company

You may have insurance that will help pay for an accident that an uninsured driver caused. However, many types of coverage are optional and you will need to confirm you have the applicable coverage to use it.

Consider a Personal Injury Lawsuit

If you do not have uninsured motorist coverage, or you want to recover expenses not covered by your insurance, consider filing a personal injury lawsuit against the uninsured driver. Recovering compensation from an individual is often difficult because many uninsured drivers do not have substantial assets to pay settlements. An uninsured car accident lawyer can help you decide if a personal injury lawsuit will increase your chance of recovery.

If the other driver has no insurance, you will not be able to file a claim through a third-party insurer to recover your damages. However, you may still have insurance coverage for some or all of your losses.

Uninsured Motorist Coverage

Some states require all vehicle owners to purchase this coverage, but in others it is optional. Uninsured motorist coverage comes in two types.

Bodily injury coverage pays for expenses related to injuries to the driver or passengers in your vehicle. Physical damage coverage pays for damage to your vehicle and other property.

This coverage only pays for damages the uninsured driver is liable for. As a result, you must prove the other driver’s negligence caused the accident to use this coverage.

Some insurance companies will cover damages an unknown hit-and-run driver causes under uninsured motorist coverage. However, often, if the police track down who the driver is, your insurance will require verification that the hit-and-run driver has no insurance to cover your claim.

Collision Coverage

Collision coverage is optional in every state, though some lenders require borrowers to purchase it. Collision coverage pays to repair or replace property damaged in a collision, regardless of fault.

You do not have to prove the other driver caused the accident to use your collision coverage. However, you will have to pay your deductible whether you or someone else caused the accident. If you can prove the other driver’s negligence caused the accident, you may be able to recover your deductible from the at-fault party.

Personal Injury Protection or Medical Payments

Depending on your state laws, personal injury protection and medical payments coverages may be required, optional or not available. Both types of coverage pay for medical expenses related to a car accident. Personal injury protection includes additional coverages, such as coverage for lost wages.

Health Insurance

If you have health insurance, you may be able to use it to pay for your medical expenses. If your health insurance company determines that someone else is liable for your injury-related expenses or that you have other applicable insurance, it may attempt to recover what it paid out from the at-fault party or your other insurance policy. You may be able to recover your deductible and co-pays from the at-fault party.

An uninsured car accident lawyer can help you recover compensation from an uninsured driver in several ways.

Proving Negligence

Whether you are attempting to recover compensation directly from the uninsured driver or your uninsured motorist coverage, you must prove the other driver’s negligence caused your accident. While some states have “No Pay, No Play” laws that may prevent an uninsured driver from collecting from an insured driver who causes an accident, in general a driver not having insurance does not make them automatically at fault for the accident.

Examples of negligence include:

• Speeding
• Running a red light or stop sign
• Improper lane changes
• Distracted driving
• Failing to yield the right of way

An uninsured car accident lawyer will investigate your accident and gather evidence to prove that the other driver’s negligence caused the accident. If needed, your attorney can hire experts, such as accident reconstruction specialists, to support your case or substantiate the value of your claim.

Filing Your Claim or Lawsuit

Your attorney will also ensure you don’t miss any deadlines, such as the statute of limitations to file your claim or lawsuit. Your attorney can deal with the insurance company on your behalf and ensure you receive all of the compensation owed.

Even though you are working with your own insurance company, your adjuster will still attempt to settle your uninsured motorist claim for the smallest possible amount. Your attorney can negotiate with the insurance company and protect your rights. If you do not have uninsured coverage or it does not cover the full cost of your accident, your attorney can help you file a personal injury lawsuit against the uninsured driver.

Collecting Compensation

Collecting settlements from uninsured drivers is often difficult. Your attorney can assist with the collection effort, including pursuing legal avenues to identify and seize any assets the other driver may have to pay for your damages. If your accident involved a hit-and-run driver, your lawyer can assist you with attempting to identify the at-fault party and determine if they have insurance to pay for your damages.

If you can prove the other party is liable for your injuries and property damage, you can recover compensation for your medical expenses and property damage. This includes the cost to repair or replace your car, car rentals, emergency room treatment, surgeries, hospitalization, prescription medications, ambulance fees, physical therapy, and other necessary care.
 
You may also receive compensation for lost wages and diminished earning capacity due to your injuries, pain and suffering, emotional distress, and permanent disability or disfigurement. If a loved one dies due to the negligence of an uninsured driver, you can file a wrongful death claim or lawsuit.