How to sue an uninsured driver A informative description

By Maggie On Feb 10, 2023

Table of Contents

How to sue an uninsured driver?

If you were hurt in an accident caused by an uninsured driver, you might be eligible to file a lawsuit against that driver. On the other hand, there are other avenues through which you can recoup the funds necessary to pay for your medical care, lost income, and other damages.

After being involved in an accident caused by an uninsured driver, sitting down with a car accident attorney to examine the matter is one method to gain insight into your legal choices and make an informed decision about how to proceed, most personal injury law firms in New York City and Long Island offer free first-case evaluations to accident victims, this includes victims of accidents involving uninsured drivers.

Should You Sue an Uninsured Driver?

You may consider suing the other motorist directly, albeit there are certain risks to consider: In most cases, uninsured motorists have a minimal financial capacity to reimburse you for any potential damages that may have been caused. Suppose you have been injured in an automobile accident. In that case, you should consult an experienced personal injury attorney before deciding whether or not to file a lawsuit against the uninsured motorist.

Suppose you and your attorney decide to pursue this course of action. In that case, you should be aware that the court may provide the driver who caused the accident the option of setting up a payment plan if it determines that the driver is financially secure enough to do so. You can potentially garnish income from the irresponsible party or put a lien on their property so that it can’t be sold until they’ve paid the whole amount.

However, there are a lot of different possibilities, some of which might be better for your circumstance than others. At The Barnes Firm, you can discuss your unique options for free with an experienced automobile accident lawyer who works there, and you can find out which ones are best for you.

How Underinsured/Uninsured Driver Claims Work

Suppose uninsured motorist coverage is part of your auto insurance policy. In that case, you may be required to inform your insurer as soon as possible after being involved in an accident in which the other driver did not have insurance. If you have any questions regarding the obligations placed on you, you should immediately see an expert attorney.

Claims related to drivers with inadequate or no insurance are often processed like claims about drivers with standard automobile insurance. The only notable distinction is that the claim will be made against the policyholder’s insurance provider. The procedure often includes conducting an inquiry, making your medical information public, and conducting interviews with witnesses.

However, if you and your insurance cannot reach a settlement sum satisfactory to all parties, it is doubtful that you have the legal right to sue your insurer. Instead, most insurance plans necessitate you submit your claim to binding arbitration, which is effectively a private court system in which an arbitrator, as opposed to a judge, decides the outcome of your claim.

When engaging in binding arbitration, the party that comes out on the losing end has few avenues to appeal the decision. Because of this, the party on the losing end of the arbitration is usually required to abide by the result; they do not have any further opportunities to fight for the compensation due to them.

Importance of Taking Appropriate First Steps

Your legal and financial rights could be impacted in various ways depending on your actions after being involved in an accident with an uninsured driver. You can increase your chances of being compensated for your injuries in the following ways:

Keeping our feet on the ground: Wait to leave the accident scene until you have received permission from the authorities. Dial 911 immediately so that the operators can provide help in an emergency. You should get medical attention as quickly as possible, file a report of the collision with the police, and make an effort to take photos of your injuries as well as any damage to your vehicle.
Collecting the necessary evidence: Take pictures of the injuries you sustained and the damage to your vehicle. Check the area around the scene to see if there is any evidence, such as a damaged road barrier or skid marks.
Going to the Hospital: Depending on the severity of your injuries, you may want to consider going to the hospital for treatment. Additionally, you need to schedule an appointment with your primary care physician so that they can remain up to speed on your health.
Notifying your insurance carrier about the collision is especially important if your uninsured/underinsured driver coverage mandates that you do so.
Getting in touch with a reputable auto accident attorney who is well-versed in uninsured/underinsured driver lawsuits and has a proven track record of winning such cases.

These are merely some broad pointers to keep in mind. Get in touch with an expert attorney as soon as possible since they may have further suggestions tailored to your specific case.

What if an uninsured driver hit me?

After Being Hit by an Uninsured Driver, You Have Two Options to Recover the Damages You’ve Sustained.

As indicated before, only some in the state of Washington carry the minimum liability insurance required by law. You will have the choice between two different courses of action if you find out that the person who caused your accident does not have insurance coverage.

Take Legal Action Against Them: You have the right to file a personal injury claim against the individuals responsible for the accident, provided that you can track them down. If you feel it is in your best interest to do so, a lawyer who specializes in cases involving auto accidents can represent you in court and walk you through the legal procedure.
Make Use of the Uninsured Motorist (UIM) Coverage You Have: You can file a claim on your insurance policy if it includes coverage for uninsured or underinsured motorists (abbreviated UM for uninsured/underinsured motorists). The state of Washington mandates that all insurance providers make UM coverage available to their policyholders. Getting underinsured motorist coverage is recommended due to the high number of drivers who do not have car insurance. Many drivers are uninsured.

Utilizing Uninsured (UM) Coverage

If you have uninsured motorists (UM) coverage, you must first report the accident to your insurance provider. When working with an insurance company, experience is typically required to ensure that you are effectively explaining the nature and extent of all of your damages. This is because dealing with an insurance company can take significant time. Remember that the insurance company is a business, and even though it may seem as if they are on your side, their first interest is with the firm’s bottom line. Because of this, you must demonstrate to the insurance company that it is in their best interest to pay you to avoid defending themselves in court.

It is prudent to delegate any communication with the insurance company to be handled on your behalf by your attorney who will do so on your behalf. Attorneys specializing in cases involving automobile collisions are familiar with the laws that govern the state of Washington and the industry’s procedures. As a result, individuals are less likely to make an expensive error.

It can be challenging to understand the reasons why claims may be dismissed. Concerning the availability of UM coverage, some potential problems could include the following:

Restrictions on coverage: Some policies may not protect against some kinds of accidents, such as getting hit and fleeing the accident scene.
Time restraints: When you have to file your claim may be governed by stringent time requirements that the insurance company has set.
Submissions confusion: Accidents involving motor vehicles frequently involve numerous insurance companies, including auto and medical insurance. It might be challenging to keep track of your invoices and figure out where to send them and how to manage the reimbursement process, mainly when dealing with UM coverage.

Your attorney will be able to assist you in explaining the circumstances and managing your claim. Because of the numerous rules governing insurance claims, deciding to involve him or her right from the beginning is prudent.

Discuss suing an uninsured driver with an attorney

As a result, the question “Can you sue an uninsured driver in Washington?” has a definitive affirmative response. It is in your best interest to consult with a knowledgeable attorney specializing in motor vehicle accidents, regardless of whether or not you have uninsured motorist coverage. He or she will walk you through either directly suing the driver responsible for the accident or going via your insurance company to file a claim for uninsured motorist benefits (UM).

This expert can help you comprehend what you are permitted to collect according to the law. The costs of your medical care and repairs to your vehicle, if any, may be covered by the compensation you get. In addition, you may be entitled to compensation for lost wages and pain and suffering. The limits outlined in your auto insurance policy will determine the maximum amount you are entitled to receive.

What if the driver has insurance but needs more?

Last but not least, the person who caused your accident may have insurance, but it may not be enough to compensate you for your injuries fully. In these cases, you may be partially offset for your losses. This condition is referred to as having inadequate insurance.

If this is the situation in which you find yourself, and if you have underinsured motorist coverage (UIM), your insurance may be able to pay for losses that were not repaid due to the deficiency in range. Your auto insurance policy will often include uninsured motorist coverage (UM) and underinsured motorist coverage (UIM), abbreviated as UIM and UM. When combined, the range is typically referred to as “UM/UIM” in the policy for your automobile insurance.

Conclusion

While most states mandate that drivers have at least some level of auto insurance, there are still individuals on the road without it. According to the Insurance Research Council research, 12.6% of all U.S. drivers do not have auto insurance.

The odds of being involved in an automobile accident, much alone with an uninsured motorist, are low. However, if your injuries are severe, you may be put in a difficult position if you find out the driver who hit you does not have insurance.

The constraints caused by an uninsured driver are unfortunate. Even if you win a lawsuit against the driver, there is always the risk that they may not have sufficient assets to pay the verdict. Instead, you can recover damages through an out-of-court settlement if you file a first-party claim under your uninsured motorist coverage.

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FAQs

Can I sue an uninsured UK driver?

If you or a loved one have suffered damages because of a hit-and-run or uninsured motorist, you may be eligible for compensation through the Motor Insurers’ Bureau (MIB). Contact the MIB directly, or peruse their website for additional details.

Texas uninsured motorist lawsuits?

If you are involved in an accident with a driver who does not have liability insurance in Texas, you can file a lawsuit against that driver. While this may be doable in some situations, it may only sometimes be the wisest move. One option for resolving disputes is the local small claims court.

Can PA residents sue uninsured drivers?

A driver who hits you may not have insurance, but you may still be able to get paid for your injuries and other damages. Pennsylvania has a no-fault auto insurance system, so your coverage will help pay for your medical bills if you’re ever in an accident. This holds regardless of the fault for the collision.

If you hit an uninsured driver, what to do?

The MIB recommends that any personal injury claims arising from collisions involving an uninsured motorist be reported to the police within 14 days. Property damage claims, such as a wrecked car, must be filed within five days.