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What can I do if the driver doesn’t have insurance?

31 Oct 2016

Eventually, two vehicles will collide in a minor or major accident. If you are one of the unfortunate drivers, you may find some comfort in knowing that you have car insurance coverage. This reassures you that if there are injuries or property damage, the insurance will help to pay the expenses.

However, in some cases, the other driver either does not have enough car insurance or none at all. This leaves a gape of uncertainty when that driver was the one who caused the accident and should be held financially responsible. The situation is more pressing if you live in a no-fault state. Since California is not a no-fault car insurance state, you have legal rights to sue.

Uninsured and Underinsured Motorist Coverage Can Help

Being involved with a driver who does not have car insurance means you will have to use your own insurance company to cover the damages. Uninsured and underinsured motorist insurance is additional coverage that you buy to protect you in this type of situation.

Most insurance companies limit the amount of time that an uninsured and underinsured motorist claim can be filed. For some, the policyholder only has 30 days from the accident date. Therefore, it is in your best interest to begin the process as soon as possible once you find out the other driver is not covered.

Handling an Accident with an Uninsured Driver

The fact that the motorist does not have insurance is the only difference from being in an accident with an insured driver. Consequently, there are precautions and steps that you should take to prepare for an insurance claim.

Call the Police

Calling the police to the scene of the accident is always a good idea. Making sure there is a record of the crash is even more important when the other driver is uninsured. You will need this to have a smooth claims process and make sure your expenses are covered.

In addition, you may want to take pictures of the location where the accident happened, damage to your car, skid marks and any other details at the scene that might be helpful.

Exchange Information with the Other Driver

Make sure you get the other driver’s information. Although the police will get this, you need to know whether the driver has insurance. Be sure to also get contact information for any witnesses.

Contact Your Insurance Company

If you have uninsured motorist protection that covers physical injuries and property damage, your insurance should be able to help. At this point, the company will determine how much damage occurred and your policy’s specific coverage.

Seek Medical Treatment for Your Injuries

Medical expenses are highly likely if you were injured. Typically, the other driver’s insurance would take care of your bills. But in this situation, your health insurance may take care of the expenses.

Still, you may have to cover the deductible out of your own pocket. If you have bodily injury protection with uninsured motorist coverage, your insurer can help with the things that should have been covered by the other driver’s insurance.

Get Your Car Fixed

Your insurer is also the source for information on how you can get your car fixed. With uninsured motorist property protection, repairs will most likely be covered. If not, your standard coverage may not be enough to cover the total cost of repairs. This can lead to seeking compensation through other means.

Recovering Damages by Filing a Lawsuit

When you file a lawsuit after a car accident, there is a strong possibility that you will have a court proceeding. Going to court determines whether the other driver was at fault and how much they should pay. An order or judgment will be issued by the court that instructs the driver what amount must be paid.

Typically, damage awards are regulated by state laws. The Department of Transportation or Department of Motor Vehicles might step in if the other driver does not pay the damages.

Seeking Guidance from a Personal Injury Law Firm

If you have coverage for an uninsured or underinsured motorist, hiring a lawyer might not be your first thought. After all, you have faithfully paid your premiums and believe that your insurance company will be fair, right? The accident was not your fault so there should not be any problems.

Unfortunately, it does not always work out that way. Your insurance company might be reluctant to pay. In this case, an experienced personal injury attorney can represent you and navigate the complicated legal process. Discussing your options can help to ensure you recover what is due.

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