Car Accident Lawyer
Getting into an accident can be overwhelming, especially if you sustain injuries or damage to your car. This is why American law has streamlined the process: if you are injured in an accident you have to file a police report and use that police report to make a claim on the driver’s insurance. But what happens if the driver who hit you is uninsured? It is illegal to drive without insurance for this exact reason: driving while uninsured disrupts the system and makes it difficult for the victim to be compensated for their injuries.
If you are the victim of an uninsured driver accident and want to take legal action, there are two main options to try to get the compensation you deserve.
File an Uninsured Driver Claim
The most common and straightforward option is to file a claim on your own insurance. This claim is specifically for accidents in which you were not at fault. Since the driver does not have insurance, your insurance company is responsible for setting the claim amount and how much you will receive for damages. This is different than a normal car accident procedure because there is very little wiggle room. Once the amount is set that the driver will have to pay, there is no room for negotiation. If you think the amount is too low, or if the driver thinks it is too high, there isn’t anything you can do.
Sue the Uninsured Driver
The rigidity of filing an uninsured driver claim with your own insurance is why some people consider suing the uninsured driver directly instead. Having the power of the judicial system on your side could ensure that you get the damages you deserve. However, the kind of person who drives while uninsured is usually not someone with a wealth of assets. Suing them directly could be an effective legal move, but they may not have enough resources to provide the compensation you need. Even if the court declares that you are owed money, the person can’t pay you with money that they don’t have.
Suing the driver to receive damages and filing an uninsured claim on your own insurance are the two most straightforward ways to make sure you still receive damages when the driver who hit you is uninsured. But neither of these can guarantee that you will get the money you need since the settling of claims is most effectively done between the victim’s and driver’s insurance companies.