Can an Attorney help me recover anything from an uninsured motorist?
Although every state requires drivers have a minimum amount of insurance before getting behind the wheel, the reality is often far from the ideal. For victims, the prospect of the at-fault driver being uninsured can be a source of terrible anxiety and pain.
While many states have instituted measures designed to encourage motorists to drive with insurance, these laws don’t always work. Some states have “no pay, no play” laws in which uninsured motorists are unable to collect when another driver is at fault. Some even have stiff fines and suspensions for those who drive uninsured. Get to know your state laws so you can be ready in the event of an accident.
You deserve to get whatever damages are owed to you. When a collision happens with an uninsured motorist, you may worry that you will not be able to collect damages, but a good auto accident attorney can improve your chances of collecting damages.
Who Covers Damages?
In cases where the at-fault driver is uninsured, they are still liable for the accident and you can still seek to get compensation from them. But things become very complicated very quickly, and an expert attorney with a history of successful similar cases and a specialty in auto-accidents is your best ally to ensure you are able to collect damages.
The victims of uninsured drivers can use litigation to collect compensation by going after the at-fault driver’s assets. These can include your savings, a portion of earnings garnished from each check, or even assets like a house. Uninsured drivers will also find a difficult time purchasing insurance again without having to pay high premiums. The money you might save by not driving insured will turn out to be very costly in the long run.
Uninsured Motorist Coverage
There are a few avenues you can pursue when it comes to pursuing compensation. One option is through your own insurance. This option is available to those who had the foresight to choose this coverage from their insurance before the accident. Some companies offer this coverage complementary.
This coverage will pay for bodily injuries that you or your passengers suffer and can also apply in a hit and run situation. This is one way to prove you with a means to recover damages from drivers who are driving without insurance.
Similarly, under-insured motorist coverage covers you when the at-fault driver is under-insured and doesn’t have enough coverage to pay for your injuries. These options are generally packaged together.
If you don’t have this kind of coverage, your other option is to file a lawsuit against the at-fault party.
Do I need a Lawyer?
Short answer: Yes.
Long answer: Absolutely yes!
A lawyer can not only help you make sure your case is being filed to the appropriate places but can help you organize an argument to prove that the accident was the other party’s fault and that the damages you are seeking are truly owed to you.
Even if the at-fault driver files for bankruptcy, you will still be able to collect on damages and bankruptcy does not erase debts from car accidents or DWIs. You can also consider if there was a negligent third-party or business that could be at fault. You can sue the business that served the driver alcohol that leads to the crash. Being able to do so relies on being able to prove fault and that is where having an expert lawyer to help you out comes in.
When dealing with a case like this, be wary about signing anything from the insurance company before consulting your attorney. The process can be long and complicated and you may have to concentrate more on healing than on a long legal process.
Whatever your case may be, it is worth it to at the very least consult with an auto accident attorney, who will be able to give you a better sense of where you stand with your case. They may even be able to answer any questions you might have, or direct you to resources you can use to further your case. A car accident is a life-changing event, but you don’t have to go it alone.