If you’ve been seriously hurt in a car accident, or have had your property damaged by an uninsured driver, attorneys at Killian Law can help. While driving without insurance is illegal no matter what state you live in, it can create issues if you fall victim.
This guide will provide you with everything there is to know about being injured by an uninsured driver.
Filing a Claim with Your Insurance Company
If you get into an accident and are injured by an uninsured driver, you may be entitled to receive payment from your own car insurance company. But, this means you’ll have to reach out to your insurance company and file a claim. You will be required to send a letter requesting compensation with any evidence that you have, including medical bills, repair estimates, and any lost wages.
Your insurance company will typically be responsible for paying up to the limits of your policy. If your injuries are severe, it is possible that the cost of your injuries will be more than what your insurance can pay you. If this is your case, you may have to consider additional options.
Filing a Lawsuit Against an Uninsured Driver
One of the first things that may come to your mind immediately following an accident with an uninsured driver is whether you have the option to file a lawsuit against the party. Typically, this isn’t the best option to take right away. Generally speaking, the party that doesn’t have insurance is not likely to have the funds to cover your medical costs and property damage.
You shouldn’t really expect to receive much compensation if you file a lawsuit. For example, if a successful judgment is made to receive a monetary payout, you may not get too much compensation. This is mainly due to uninsured drivers typically having a low income. A court order may be put into place but liable parties simply cannot be forced to pay for something they simply don’t have. If a liable party is incapable of paying, the courts may not demand that they do so.
However, the court may set up a payment plan to make sure that the victim is paid eventually. Typically, the liable party will make weekly payments to the victim, even if they are relatively small amounts.
What if the Uninsured Driver has Money?
There may also be instances where the uninsured driver does have money. If this is something that is obvious, you may want to consider handing over your case to an attorney. However, in order for this case to be successful, you must produce evidence that there are existing assets. Usually, in cases like these, the uninsured driver will have an asset and credit check run on them. If the results show that the uninsured driver has monetary assets, a lawsuit can be filed on the victim’s behalf. During this process, your attorney will also file a lien against the liable party’s property to ensure that all assets are frozen.
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- Recovering From an Auto Injury: 5 Things to Do
- 7 Reasons Car Insurance is Important
- Why You Shouldn’t Navigate the Legal System Alone After an Injury
- Understanding The Role Of A Personal Injury Lawyer In Your Case