When an uninsured driver causes a car accident, the financial burden of medical bills, car repairs, and other damages can quickly add up, leaving the injured party in a difficult position.
Fortunately, several options can secure compensation in these situations. A car accident attorney can explain your rights and obtain the financial recovery you deserve.
Determining Liability – Who is Financially Responsible?
Liability is one of the most important details to consider after a car accident. Determining fault for your accident can strongly affect your pursuit of financial recovery.
In most cases, the other driver is at fault for the accident.
Driver negligence is often to blame, with drivers engaging in dangerous behaviors, such as:
- Driving under the influence
- Distracted driving
- Fatigued driving
- Failing to yield
- Aggressive driving
- Speeding
- Reckless driving
- Violating road laws
In some situations, other factors may play a role in your collision, such as hazardous road conditions and product defects. When this is the case, others, including governmental entities and product manufacturers, may share responsibility for your accident.
When you suffer an injury in a car accident, you need a lawyer to evaluate the circumstances and determine fault. You can hold an uninsured driver liable, but possibly others as well, which can heavily affect how you seek compensation and how much you recover.
Ways to Secure Compensation After an Accident with an Uninsured Driver
In cases where the at-fault driver is uninsured, injured clients have several can pursue compensation. The options available to you depend on state law. These options typically include:
Uninsured Motorist (UM) Coverage
Uninsured Motorist coverage is the primary form of protection available to individuals involved in accidents with uninsured drivers. Many states require drivers to carry UM coverage, but even if your state doesn’t mandate it, you can usually purchase it as an optional add-on to your car insurance policy.
UM coverage generally applies in cases involving:
- Bodily injury: If you or your passengers suffered an injury in an accident with an uninsured driver, UM coverage can help pay for medical expenses, lost earnings, pain and suffering, and other related costs.
- Property damage: In some cases, UM coverage also includes protection for property damage, covering the cost of repairing or replacing your vehicle if the uninsured driver is at fault.
In states that require UM coverage, your insurance company is generally required to offer a minimum level of coverage. However, you may opt to purchase higher limits if you feel the minimum coverage isn’t sufficient to cover potential injuries or damages.
How to Use UM Coverage:
After an accident with an uninsured driver, you will typically file a claim with your own insurer for the damages. If the other driver’s lack of insurance is confirmed, your insurer will investigate the accident and assess the damages.
Your UM insurance will cover the costs up to the limits of your policy, after which you may need to explore other options for additional compensation.
Personal Injury Protection (PIP) or Medical Payments Coverage (MedPay)
Some states require drivers to carry Personal Injury Protection (PIP) insurance or offer it as an optional add-on to their auto insurance policy. PIP is a no-fault coverage that pays for medical expenses, lost earnings, and other related costs, regardless of who caused the accident.
MedPay is another type of optional coverage that pays for medical bills following an accident, regardless of fault. It may not be as comprehensive as PIP, but it can still offer critical coverage for medical expenses and some related costs.
If you suffered an injury from an uninsured driver and you have PIP or MedPay, these policies may help cover your medical bills and other immediate expenses. In some cases, you may need to pursue other options to secure additional compensation.
Your Own Health Insurance
If you do not have UM or PIP coverage, or if those limits are insufficient to cover your expenses, your health insurance policy may help cover medical treatment. Health insurance can be used in conjunction with other compensation but will likely require you to meet deductibles and copays.
After receiving compensation through your health insurance, the insurer may have a subrogation right, meaning they can seek reimbursement from any settlements or awards you receive from the at-fault driver (or your own UM coverage) for medical expenses they have paid.
Filing a Lawsuit
If other compensation sources do not fully cover your injuries, you may have the option to pursue a personal injury lawsuit against the uninsured driver directly.
However, before choosing this path, consider:
- Financial ability of the at-fault driver: Even if you win a lawsuit, collecting the judgment can be difficult if the uninsured driver lacks assets or income. In some cases, pursuing a lawsuit against an uninsured driver may not result in a significant recovery.
- Proof of fault: To win a personal injury lawsuit, you must prove that the other driver was at fault for the accident. It may require gathering evidence, such as accident reports, witness testimony, or expert opinions, which can sometimes be costly and time-consuming.
- State-specific rules: Some states allow drivers to sue uninsured motorists directly, while others may limit or prohibit such lawsuits unless specific conditions are met. For example, in a no-fault state, an injured client may not have the right to file a lawsuit unless they meet legal requirements, like suffering a catastrophic injury.
Your car accident attorney can discuss the potential for filing a personal injury lawsuit based on the circumstances. If you can file a lawsuit, your lawyer can manage your case and represent your best interests throughout the process.
Compensation Available
When pursuing compensation for injuries caused by an uninsured driver, compensation may be available for various damages, depending on the nature of the accident and your policy coverage. Damages may provide compensation for your tangible and intangible losses.
Medical Expenses
Compensation for medical expenses includes all costs related to treatment of injuries sustained in the accident, such as:
- Ambulance transportation
- Hospital bills
- Surgery costs
- Physical therapy
- Prescription medication
You may be entitled to compensation for your present expenses and future medical needs if your serious injuries require ongoing treatment.
Lost Earnings
If you cannot work due to your injuries, you may be entitled to compensation for the earnings you have lost. It includes actual earnings (e.g., your salary) and future lost earnings if your injuries prevent you from returning to work in the same capacity or at all.
Pain and Suffering
Pain and suffering is a form of non-economic compensation designed to compensate for the physical and emotional toll of the injury. It can include pain, emotional distress, mental anguish, and loss of enjoyment of life.
Property Damage
If the accident damages your vehicle, compensation can cover the cost of repairs or replacement, less any deductible for collision coverage or the uninsured motorist property damage (UMPD) deductible.
Punitive Damages
You can seek punitive damages in certain situations, such as accidents involving gross negligence or recklessness (e.g., a drunk driver). These punish the wrongdoer and deter similar behavior. However, punitive damages are not available in every case and are typically awarded only in extreme circumstances.
How a Car Accident Attorney Can Help You Secure Favorable Compensation
When you suffer an injury in an accident with an uninsured driver, a personal injury lawyer with extensive experience handling car accident cases can play an important role in helping secure compensation. They can assist in many ways, including:
Identifying and Understanding Insurance Coverage Options
One of the primary ways a car accident attorney can help is by checking whether you have uninsured motorist insurance or underinsured motorist coverage as part of your auto insurance policy.
If you do have this type of insurance coverage, a lawyer can help file a claim with your insurance company to obtain financial recovery for damages, including medical bills and lost earnings.
Pursuing Personal Injury Claims Against the Uninsured Driver
If the uninsured driver is at fault, the attorney will investigate the possibility of pursuing a direct personal injury claim against the at-fault driver.
While an uninsured driver may not have sufficient resources to pay for damages, a car accident lawyer may still be able to negotiate a settlement or pursue other legal avenues to recover compensation (for example, seeking payment from the uninsured driver’s assets).
Negotiating with Insurance Companies
If you have UM coverage, your attorney can handle negotiations with the insurance company to ensure you receive fair compensation.
Insurance companies may try to minimize payouts, so a car accident lawyer can advocate on your behalf, presenting evidence and ensuring the claim is processed efficiently and fairly.
Filing a Lawsuit (If Necessary)
The lawyer may consider filing a lawsuit against the at-fault driver or other responsible parties if available insurance coverage or other options do not fully compensate you.
If an uninsured driver has assets or income, a lawsuit may lead to a settlement or judgment, though collecting from an uninsured driver can sometimes be difficult.
Exploring Other Potential Sources of Compensation
Sometimes, you can hold other parties liable in addition to the uninsured driver. A car accident attorney can investigate whether there are third-party liability claims that can help provide additional compensation.
This can include employers (in case of a commercial vehicle accident), property owners (if hazardous conditions contributed to the accident), or even vehicle manufacturers (in case of defects).
Helping Obtain Non-Economic Damages
A car accident lawyer can also help prove and claim non-economic damages, such as pain and suffering, emotional distress, and loss of quality of life. These are often more difficult to quantify, but experienced attorneys know how to present strong arguments and evidence to support these claims.
Timely Legal Action
An experienced attorney will also ensure that claims are filed within the appropriate legal deadlines, known as statutes of limitations. Failing to take action within this time frame can prevent you from recovering compensation, but your lawyer can ensure the necessary legal steps are taken as promptly as possible.
Providing Legal Guidance and Support
A car accident attorney will offer valuable legal advice throughout the process, informing you of your rights and options. They will also provide emotional support, especially in situations where you are dealing with serious injuries and challenges during your recovery.
If You’re Involved in a Collision with an Uninsured Motorist, You Have Options
Getting compensated for injuries in a car crash with an uninsured driver can be complex, but there are several options available. You may have various options, from filing a claim through your uninsured motorist protection to filing a personal injury lawsuit. While the process can feel overwhelming and confusing, it’s important to remember you’re not alone. A car accident lawyer can assist you every step of the way.
Ultimately, the best course of action depends on numerous details, including your insurance coverage, the accident’s severity, and the uninsured driver’s financial status.
Hiring a skilled car accident attorney can help ensure you have proper guidance and support throughout the process and maximize your chances of receiving just compensation for your injuries.
Don't let the stress of dealing with an uninsured motorist accident weigh you down. Contact a personal injury attorney for a free consultation. They will review your case, answer any questions you may have, and provide guidance on the best course of action.
Remember, a lawyer will handle the legal process and ensure you receive the compensation you deserve. For best results with an accident involving an uninsured or underinsured motorist, reach out to a seasoned car accident attorney today.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.
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