Your auto insurance is a blessing in many cases as it provides relief in the event of a car accident in the form of compensation to the damaged party.
Got into a Car Accident with an Uninsured Driver? Here’s What to Do…
1. Assess the Situation
The first thing in any accidental situation is to remain calm and assess the gravity of the situation. Once you’re calm, call the police immediately to get to the accident scene and file a police report. This police report can help expedite the claims process with an uninsured driver.
In states where insurance is compulsory, at-fault drivers understand the fines they must pay and avoid legal repercussions. They might offer you some money on the spot. Don’t accept any cash as you don’t know how much your damages will cost you at this stage.
2. Try to Get Details
Try to get their vehicle number and swap contact information before searching the area for witnesses. Witnesses can help add weight to your case, making your legal standing quite strong and exchanging contact information right there and then can prove fruitful. Also, try to get as much information as possible, like the time and location of the accident with the other driver, the details of the police officer, and other relevant details.
Make sure to take pictures of the accident, number plates, the direction of travel, and other details you might think will help expedite your personal injury claim. Ring your insurance company and notify them that you got into a car accident with an uninsured driver.
Do You Have Uninsured Motorist Coverage?
If you get into a car accident with a driver without insurance, you would need to turn to your insurance company to compensate you for your loss. Having add-on protection like uninsured motorist coverage (UIM) with your insurance policy is a great way to cover your losses.
Is It Compulsory to Have UIM?
Many states have to offer this type of protection to those buying insurance policies, while in some states, it is obligatory to have a UIM. UIM provides up to the same amount of coverage as your standard liability coverage. So that means that if you have $75,000 in liability coverage, your UIM can not exceed more than $75,000.
Although car insurance is mandatory in most states, there are still states with uninsured drivers making it unsafe for others in the case of an accident.
Having a UIM can help protect or pay for your damages in the case of an accident with an uninsured motorist, but this coverage only extends to car accident injuries done by the at-fault driver. You would need additional property damage coverage for replacing or repairing your vehicle.
Do the Mandatory No-fault Rules Apply to the Coverages?
Living in a no-fault state, the law requires victim’s insurance companies to pay for medical bills and other losses even if the at-fault driver does not have insurance. However, the car accident victim does not have the right to sue the at-fault driver unless the injuries are severe or the medical bills cross a certain threshold.
Living in a state that does not follow no-fault rules, having MedPay or personal injury protection coverage can help pay for your medical bills in the case of a car accident with an uninsured driver.
Can You File a Lawsuit Against the Uninsured Motorist?
If the other driver does not carry insurance, then the financial responsibility for paying the medical expenses or repair/replacement of your car lies on your shoulders. You might feel tempted to pursue legal action against the uninsured driver, but speaking to a qualified car accident attorney first is essential.
In many cases where an individual files a lawsuit against an uninsured driver, the results are not expected because many uninsured drivers do not have the assets to pay for the damages.
In such situations, you would need to bear the legal fees without any hope of recovering any money. To avoid problems like this in the future, purchase auto insurance with uninsured and underinsured motorist coverages and be cautious on the roads.
Contact us at (213) 596-9642 to speak to our car accident lawyer for more information.
