The first step after getting in a car accident is to exchange insurance information with the other driver. But what do you do if the other driver does not have insurance?
If you’ve been in an accident with a driver without insurance, you’re probably feeling at a loss. Without money from their insurance policy, you may feel like you’ll need to pay out of pocket for vehicle repairs and medical bills.
Fortunately, this typically isn’t the case. If you’ve been in a car crash with a driver without insurance, you do have a few options for compensation.
How to Recover Damages from a Driver Without Insurance
Recovering damages from a driver without insurance can be a hassle, but it isn’t an impossible task. There are a few different ways that you can get compensation even if the driver does not have an insurance policy.
Use Your Uninsured Motorist Coverage
Your own insurance policy should have a portion designated to uninsured motorist coverage. This policy portion is designed to be used if you are in a car accident with an uninsured driver.
Your uninsured motorist coverage can be used for medical bills related to accident injuries. It may also be used if you’re in a hit-and-run situation. ‘
To use your uninsured motorist coverage, contact your insurance provider and explain to them the details of the situation. They will work with you to ensure your medical bills are paid for to the highest extent of your coverage.
This is by far the easiest way to get coverage if you’re in an accident with an uninsured driver. In most cases, using your uninsured motorist coverage will not raise your premium, but you are only covered for the amount that you chose on your policy. If you opted for a low amount, then you may not get enough to cover your expenses.
File a Lawsuit
If you do not live in a no-fault state, you may also be able to file a lawsuit against the other driver. If you choose to go down this path, it is important to know that it can take time and you will not get the compensation you need right away.
To get compensation from an uninsured driver through a lawsuit, you must be prepared to prove that the other driver was at fault. You need to show the court that they made a mistake that led to the accident and that the accident caused serious injury or damage to you or a passenger.
Filing a lawsuit can be a lot of work and it does not always end in your favor. If the driver does not have car insurance because they cannot afford it, they likely don’t have money to give you in a settlement.
A lawsuit against an insured driver can be fruitful if the individual does have money but does not have insurance. Because the court will run a background and credit check on the individual, they will be able to determine whether or not they can pay you. If they find that the individual does have the funds to provide you with a settlement, a lawsuit may give you more money than your insurance policy.
If you choose to file a lawsuit, you will need the help of an auto accident attorney.
How Can an Auto Accident Lawyer Help?
A lawsuit is never something you want to attempt alone. If you don’t have experience representing yourself in court, it is easy to get in over your head. Going to trial without an attorney could cost you the case.
An auto accident lawyer can help you take an uninsured driver to court and get you the accurate amount of compensation. Your team of attorneys will work with you to collect information about the accident and your driver and begin forming a case around that information. An attorney can also help you identify gaps in your story that will need to be filled in before going to court.
Regardless of the situation, you should talk to an auto accident attorney before you decide whether to take compensation from your own insurance policy or if you should take the driver to court. An auto accident attorney can help you identify the best path for you to guarantee you get the maximum amount of compensation.
Getting in an accident is a stressful time, but if you think clearly about your situation, you can come out on top. The help of a personal injury attorney can ensure you make the right decisions. If you have been in a car accident in Arizona, contact the law office of Lamber Goodnow. Give us a call to begin talking about the details of your accident.