It doesn’t matter how careful you are, car accidents can still happen on the road. That’s not all, things can even get more complicated if the other driver involved doesn’t carry an insurance policy. Being involved in one can definitely be a costly mistake, and here’s what you should be aware of in case it happens.
Act Right Away
If you have been involved in a car accident with an uninsured motorist, it’s important that you report the car accident to your insurance company right away. Ask what coverage would be applicable, and mention that the other driver is uninsured. Unfortunately, if you’ve ended up suffering from serious personal injuries, some insurance companies won’t cover the medical expenses incurred. In times like this, talking to an experienced attorney would be your last resort. Learn more about how a car accident attorney can help you with this.
Should You File a Lawsuit?
If the other driver is uninsured, then you are allowed to file a lawsuit against the said driver. However, depending on where you live in, it can either be a traditional negligence state or a no-fault state.
Traditional Negligence State
In a traditional negligence state, you are allowed to file a lawsuit against the uninsured driver. However, you must be able to prove that the other driver is the one at fault. It’s also important that you obtain a judgment against this driver. Even so, there’s still no guarantee that you’ll be able to collect anything from the accident. The reason for that is, most uninsured drivers are uninsured for a reason. For example, they don’t have a lot of money or assets to begin with. That’s why it’s pretty hopeless to file a claim against an uninsured driver, because more often than not, it’ll just be a losing battle.
For those who are living in a no-fault car insurance state, filing a lawsuit may not be probable. Basically, in these states, the insurance policy of the driver would be responsible for the damages and injuries related to the accident. It doesn’t matter who’s at fault. Considering that, your ability to sue in a no-fault state is restricted. You are not allowed to sue the uninsured driver unless you’ve suffered from serious personal injuries, or your medical bills reached a certain amount.
If your insurance policy has a collision coverage, then the damages sustained in an accident would be shouldered by your insurance company. Do keep in mind that the injuries, as well as the cost of getting your car fixed won’t be covered.
Protecting Your Vehicle
Due to the fact that there are a lot of uninsured drivers on the road, as a responsible car owner, it’s important that you know how to protect your car against car accident in case you’ve been a victim of an uninsured driver. If you don’t want to be financially responsible for the damage caused by the accident, then you must be ready to fight your own insurance company, or collect the damages from the driver who you think is at fault.