Uninsured motorists are a common factor in car accidents, but it doesn’t mean you don’t have options for a fair recovery. Taking a few key steps can increase your chances of a successful outcome.
First, you should claim your own insurer’s uninsured driver coverage. This can be done either proactively or reactively.
Uninsured Driver Insurance Policy
It is important to have uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) as part of your insurance policy that protects you from financial ruin when accidents with uninsured drivers occur. Under this type of coverage, if an at-fault driver’s liability limits cannot cover your losses, your insurance company will pay up to the limit set in your UM/UIM policy.
The most common way to ensure this valuable protection is by choosing higher liability limits for bodily injury and property damage in your insurance policy than the minimum amounts required by law. A car accident lawyer can assist in discovering additional sources of compensation, including compensation from hit-and-run drivers.
File A Lawsuit
In most tort or at-fault states, the driver who causes a car accident pays for all the damages. However, negligent drivers sometimes crash without insurance, meaning their victims might be left in the dark about how they can pay for their medical bills and property damage.
Fortunately, almost every state requires drivers to have a minimum liability car insurance coverage. If an uninsured motorist hits your vehicle, you can file a claim through your insurer.
Your lawyer might run a credit and asset check on the uninsured motorist to determine whether they have assets that can be used for payment. You might also have to submit various civil court forms, which can be complicated and confusing. So contacting a reliable car accident lawyer like https://www.warforindy.com/indianapolis-car-accident-lawyer to help you through this process is paramount in building your case and receiving the compensation you deserve.
Settle With Uninsured Individual
An accident victim with underinsured or uninsured motorist coverage with their insurance company can file a claim for additional settlement from the insurance carrier. These claims can include medical expenses and property damage, such as vehicle repair or replacement.
However, if the at-fault individual has no insurance or only a basic liability policy, these claims can be complicated to settle. If the permanent injuries and loss of income are severe, pursuing a lawsuit against the at-fault individual may be necessary.
Often, the specific terms of the settled settlement prevent an injured party from attempting to recover additional compensation through their insurance policies. Consulting with an attorney before settling is essential if this is a concern.
Small Claims Court
A small claims court may be a good option if you want to sue an uninsured driver for damages. Small claims courts are state courts where legal disputes that fall below a statutory threshold (usually between $2,500 and $25,000) are adjudicated. These courts are generally informal, and litigants often appear pro se (“without counsel”). Judges in small claims court are trained to speak in simple language and to ask questions to get a complete understanding of the dispute. Winning a judgment in small claims court can lead to the recovery of your damages through wage garnishment and liens. However, the process can be complicated if a defendant does not cooperate. The process can also be lengthy. Some states offer alternatives to small claims courts, such as mediation and alternative dispute resolution.
State Assistance
Most states require drivers to have uninsured motorist coverage. In those states, your insurance company will cover the expenses if you are injured in an accident with an uninsured driver.
Imagine you are in an accident with a driver with only the state minimum liability coverage of $10,000. If that driver’s accident causes severe injuries and your medical bills and property damage exceed the $10,000 limit, you would submit a claim to your insurance company for reimbursement under UM coverage.
