What to Do When Involved in an Accident With an Uninsured Motorist |
Posted: May 18, 2017 |
While every driver wants to avoid car accidents, odds are that at some point in your life, you’ll end up in an accident. And considering that 12.6 percent of drivers were uninsured as of 2012, there’s also a possibility of an accident with an uninsured motorist. The entire process will go much more smoothly if you’re well prepared and you know how to handle the accident. Here’s what you should do if you’re involved in an accident with a driver who doesn’t have insurance. Stay Safe and Call the Police The first stages of what you should do after the accident are the same regardless of who else was involved and whether they have insurance. Pull over to a safe location on the side of the road if your car is drivable. Use any items you have, such as road flares or safety cones, to warn other drivers of the accident. Get to the sidewalk away from your car. Call the local police department or the highway patrol, depending on where the accident took place. You should do this after any accident, but it’s even more essential when the other driver doesn’t have insurance so you can get a police report. Get the Other Driver’s Information This may be when you find out that the other driver doesn’t have insurance, since people usually don’t volunteer this information right away. You’ll need the driver’s information to provide to your insurance company and, if you choose to pursue the matter legally, your accident lawyer. The police could collect this information for you, but make sure you get it if they don’t. Contact Your Insurance Company Let your insurance company know about the accident as soon as possible. It’s best to call them so you can speak with a representative who can tell you exactly what your policy covers. Hopefully, you have uninsured motorist coverage. While this isn’t a legal requirement, considering the number of uninsured drivers out there, it’s a good idea to add it onto your policy anyway. There is usually a time limit regarding uninsured motorist insurance claims, which is why it’s crucial that you find out what your policy covers immediately and make your claim. You don’t want to wait around and end up unable to fix your car because you took too long. Legal Options Let’s say that your insurance policy doesn’t cover damages to your car, injuries you suffered from the accident or both. You can consult with a lawyer and sue the uninsured motorist, but you could run into issues with getting any money out of the defendant. Whether you can file a lawsuit will depend on the state where the accident occurred. If it happened in a state with no-fault laws, then you may not be able to sue the other driver. If you are able to sue, the primary issue will be receiving payment on a judgement. It could be an easy win in court for you, but just because the judge awards you a certain amount in damages doesn’t mean you’ll actually receive that amount, at least any time soon. An uninsured motorist likely isn’t in the best financial situation, otherwise he would have purchased insurance, so what are the odds he pays a judgement for thousands of dollars? For this reason, it’s in your best interest to have uninsured and underinsured motorist insurance. Each of these will protect you if the other driver doesn’t have insurance or doesn’t have enough insurance. Final Thoughts The procedure for an accident with an uninsured driver is similar to an accident with an insured driver, it’s just even more important to obtain a police report. Other than that, the biggest difference is that you’ll need uninsured motorist coverage to receive reimbursement for your damages from your insurance provider.
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