- How do I know if a motorcycle helmet is acceptable under my state’s helmet law?
- In a case with multiple heirs, how are damages divided?
- Will My Health Insurance Coverage or Paid Sick Leave from Work Limit My Recovery For My Motorcycle accident?
- Is There Anyone Other Than the Drivers and Passengers Involved in a Motor Vehicle Collision That I Could Sue for My Damages?
- Will My Attorney Need To Retain Experts To Prove Liability And Damages Even Though My Injury Is So Obvious?
- Who can sue for an amputation injury?
What If The Faulty Driver Had No Insurance?
- March 7, 2017
It may seem like your worst nightmare to be involved in an accident with someone who does not have insurance. However, just because the faulty driver doesn’t have personal insurance does not mean your injuries will necessarily go uncompensated. You should contact an experienced personal injury attorney as soon as possible to have your case evaluated and your rights protected. An attorney can help you discover what options you have for recovery for your injuries even when the primary driver at fault does not have insurance.
The first thing your attorney may wish to evaluate is whether your own insurance may compensate you for your injuries. You may carry a coverage that kicks in when you have been involved in an accident with an uninsured or under-insured motorist. While you may feel your insurance company is on your side, pursuing payment from an under-insured or uninsured motorist policy can be tricky and seem very adversarial at times. Therefore, its always best to have an experienced attorney handle the process for you, as it may require you to file a lawsuit against the unisured driver and your own insurance company.
However, the inquiry will not end with your own insurance company. Just because a driver claims not to be insured does not mean they actually are. The driver may have been untruthful about their insurance status in the hopes of avoiding a premium increase resulting from a claim. Or, the driver may be personally insured or have sufficient assets to compensate you for your injuries.
Alternatively, the driver at fault may not know that they are covered by insurance. For example, depending on the laws of the state where the injury occurred, even if the driver is not insured, if the driver is not the owner of the vehicle, the vehicle’s owner may be responsible for the damages caused by the driver and their insurance company would be required to cover the damages. Another scenario where unknown insurance might be available occurs in situations where the driver is acting on behalf of an employer when the accident occurred. In that case, the employer’s insurance may kick in and provide coverage for any injuries caused by the employee. Each of these instances of potential existing coverage are complex situations that would require the assistance of an experienced personal injury attorney to navigate.
Another avenue your attorney will likely pursue is determining whether other drivers or entities are at fault. Just because one driver who is at fault may not have insurance coverage necessary to compensate you for your injuries does not mean other drivers involved or other persons or entities that may have contributed to the accident do not have insurance coverage. In any given collision, there may be a number of people responsible for causing an accident, and sometimes the party that hit you is not the party that actually caused the accident in the first place. An experienced attorney can evaluate all possible defendants, including those you may not have recognized at the time the accident occurred. Other defendants may offer additional sources of insurance funds that may be available to compensate you or your loved ones for the injuries you received in the accident.
At the end of the day, an accident with an uninsured motorist can cause some additional problems when it comes time to recover financial compensation for your injuries. However, with the help of an experienced personal injury attorney, you may find that you or others actually have insurance sources that can be tapped to provide an avenue to gain compensation for the damages that resulted from the accident.