What To Do if You're Hit by an Uninsured Driver
Key Takeaways
- Understand the difference between uninsured and underinsured drivers to know how to seek money for damages after a car accident.
- If the driver at fault has no insurance or not enough, you can use your own insurance or find other ways to get compensated with the help of a lawyer.
- After an accident with an uninsured driver, always talk to a car accident attorney to help you understand your rights and get the compensation you deserve.
In addition to the bodily injuries they cause, automobile accidents also result in emotional stress and many legal questions. This can be especially true if the person who caused you harm is an uninsured driver.
Dealing with the aftermath of such a collision requires a clear understanding of your rights and the steps you should take to protect yourself and seek compensation for your damages. In this article, we will guide you through the necessary actions you should consider if you’ve been in a car accident with an uninsured or underinsured driver. Remember, staying informed, proactive, and working with an attorney can significantly impact the outcome of your claim.
Uninsured vs Underinsured Drivers
First, it’s essential to understand the difference between uninsured and underinsured drivers. An uninsured driver lacks car insurance coverage at the time of the accident, leaving you potentially without a source of compensation for your injuries and damages. On the other hand, an underinsured driver does not have enough insurance to fully compensate you for your damages.
Whether a driver is uninsured or underinsured will affect the approach you take for seeking compensation. Your attorney will help you identify whether the motorist at fault is uninsured or underinsured and devise an appropriate strategy.
Getting Compensation Anyway
Securing compensation from an uninsured motorist can be challenging, but there are several avenues you can explore. The first option is to turn to your own auto insurance policy, specifically the uninsured motorist coverage, if you have it. This type of insurance coverage is designed to protect you in precisely these situations and will repay you for your medical expenses, property damage, and other damages, up to policy limits. Drivers in some states also must carry personal injury protection (PIP) coverage, which will cover damages up to a certain amount no matter who was at fault.
If you don’t have uninsured motorist coverage or if it’s insufficient to cover your damages, your attorney can explore other possibilities. For instance, they can investigate if the uninsured motorist has any assets that could be used to compensate you for your losses. However, it’s essential to note that this route might not always yield the desired results, as the uninsured motorist may lack significant assets.
In some cases, your attorney might be able to identify other responsible parties that contributed to the accident, such as a third party or even a government entity. Pursuing a claim against these entities could potentially provide an alternative avenue for compensation.
Types of Damages
When seeking compensation after an accident with an uninsured driver, there are generally two main categories of damages, economic and non-economic:
- Economic damages: This refers to the losses you suffered that have a monetary value. These may include medical expenses, property damage, lost wages, and other financial losses.
- Non-economic damages: These are losses that are harder to quantify, like pain and suffering, emotional distress, loss of enjoyment of life, and other subjective effects the accident has had on your well-being.
- Punitive Damages: In some cases, victims can seek punitive damages. Punitive damages punish the at-fault party for especially bad behavior and serve as a warning to others. However, punitive damages are not always awarded and are subject to specific legal requirements.
Talk to a Car Accident Attorney
The first and most crucial step you should take after an auto accident with an uninsured driver is to talk to an experienced attorney. Don’t assume that you will not be able to get compensation.
These cases are complex, but having a knowledgeable professional by your side can make all the difference. An attorney who specializes in personal injury and automobile accidents will guide you through the process, explain your rights, and help you understand the potential outcomes.
Your attorney will assess the details of the accident and advise you on the best course of action to pursue compensation for your damages. They will handle communications with insurance companies, negotiate on your behalf, and ensure that your rights are protected throughout the process. Remember, choosing the right attorney is vital, so take the time to research and select someone with a proven track record in handling uninsured motorist cases.
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