Car accidents are many things. They’re scary, they’re painful, and they’re complicated. When an accident occurs, you can expect to spend the rest of your day doing accident-related activities. From sitting at the scene of the accident until the police arrive and have time to assess the situation to write their accident report to finding someone to take you home, it’s a long day. One of the most stressful aspects of your day will be calling the insurance company. You’ll call your own, and then you’ll call the insurance company of the person who hit you. Their fault means it’s their responsibility to pay for your accident. This is not the case if you live in a no-fault state, in which case your insurance will pay for the damage regardless.
When you call the other driver’s insurance company, you expect them to tell you what to do, how to do it, and what you can expect. What you don’t expect is to find out the other driver’s insurance policy has lapsed or was cancelled. When you realize they have no insurance, you find yourself in a stressful situation. Who is going to pay for your car repairs? Who is going to pay your medical bills? Will your insurance rates go up? How is this possible, and what do you do?
Call Your Insurance Company
If you have under or uninsured motorist coverage, your insurance company is here to help you. They will file your claim. You’ll pay your deductible, and they will have your car repaired, reimburse you for your medical bills, and they will make sure it all goes accordingly. Your insurance company will go after the other driver themselves. There is no guarantee they’ll ever receive payment from that person, but they can try.
Almost every state requires you claim your accident inside 30 days to take advantage of this type of coverage. If you don’t do that, your insurance company can tell you there is nothing they’ll do for you. You want to call right away to file a claim so you can have your car repaired, a rental car issued, and so you can stop worrying as much.
Lawsuits and Uninsured Drivers
If you are injured badly in this accident, you might have lifelong medical issues. These could require you see the doctor regularly, that your quality of life changes, or that you need medical assistance for the rest of your life. This is a catastrophic injury, and the medical bills will come in regularly for the rest of your life. If you are injured this badly, your insurance company isn’t going to pay you additionally for these things.
This is when you want to hire an attorney. We will discuss your options with you, which include filing a lawsuit. The only issue with this is you aren’t guaranteed any payment. If someone doesn’t have insurance, it almost always means they can’t afford to pay a large settlement if they lose a lawsuit. What it does mean is you can file a lawsuit. If you win, the judge in the case might require the other driver pays you a little at a time. They might also place a judgement or lien on the at-fault driver’s property. If they ever sell their home, you’ll be the second person they pay after they pay off their mortgage.
It’s scary being involved in a car accident, and it’s not any easier to find out the other driver has no insurance. If you have the right coverage, this is not a problem. If you want to speak to an attorney about your legal rights, now is the time to call. Our initial consultation is free of charge, and we are happy to help you understand your rights, whether you have a case or not, and we can offer you numerous options in terms of how to proceed following this consultation. Don’t wait to seek legal counsel. Getting started right away makes it easier for us to help you seek the outcome you deserve following an accident caused by someone else.