What Happens If the At-Fault Party Doesn&039t Have Car Insurance? | Car Accident Lawyers | Ben Crump
If the at-fault party does not have auto insurance, you can file a claim for compensation with their insurance company or file a lawsuit against the negligent party.
When you’re in an accident, you can expect the other driver to have auto insurance, but that’s not always the case. We can’t always count on other drivers to be insured, and it’s important to know what your options are if you’re in an accident with someone who doesn’t have coverage.
Reading: What happens if the other driver doesn’t have insurance
According to the Insurance Information Institute (III), “78% of insured drivers purchase comprehensive coverage in addition to liability insurance and 74% purchase collision coverage.” however, there are people who drive without insurance and drivers who are underinsured, so it’s good to explore your options when dealing with these types of drivers.
handling a car accident with an uninsured or underinsured driver
You still follow the same steps as in any other car accident when the at-fault driver is uninsured or underinsured. if you haven’t already, be sure to see a doctor. If you feel fine and you don’t think it’s necessary, remember that some injuries may take a few weeks or even months to manifest. you may end up needing medical treatment for which you can claim compensation.
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The police must be involved to file a report, which will contain important details that can be used as evidence against the at-fault driver. An uninsured driver may not want to involve the police for fear of the consequences of not having insurance, but receiving fair compensation is the most important thing. the at-fault driver decided to take a risk, and didn’t get car insurance, and you don’t have to cover it and lose the financial reward you deserve.
Pictures of the scene, your vehicle, and your injuries may also help your case if you have them. If nearby video surveillance recorded the accident, this is helpful if the at-fault driver denies causing the accident. you may also want to take a photo of your license plate.
You must exchange contact information with the other driver and witnesses. the statements that witnesses are willing to give can really strengthen a case.
Be sure to also report the accident to your insurance company. If the other driver doesn’t have enough coverage, you’ll learn what your insurance company can provide when you contact them.
your options if the at-fault party doesn’t have auto insurance
Drivers who have been in an accident with a negligent driver should not assume that they will not receive compensation if the other driver does not have auto insurance.
apply your uninsured or underinsured motorist coverage, if you have it
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Drivers are encouraged to carry uninsured or underinsured motorist coverage. If an uninsured or underinsured driver injures you or causes damage to your vehicle, your insurance company will help pay for the expenses you incur, as long as you have this type of coverage. some states require uninsured and underinsured motorist coverage.
If the at-fault driver had a small amount of insurance and doesn’t pay all of your damages, your underinsured motorist coverage helps pay for what the at-fault driver’s policy couldn’t. A car accident with an uninsured or underinsured driver can be frustrating, and you shouldn’t put off filing a claim.
Your insurance company will likely request proof of your injuries, medical treatment, and damage to your vehicle, and conduct an investigation. If you feel like your insurance company is undervaluing your claim, you may want to hire a car accident attorney as they are familiar with negotiating with insurance companies and can litigate the case if the insurance company is uncooperative. /p>
file a lawsuit against the at-fault driver
Not all states require uninsured or underinsured motorist coverage, so not all will have it. if you don’t, you have the option of filing a lawsuit against the at-fault party. a car accident attorney can help and offer guidance. they can really benefit your case as they want you to see the best results possible. they will determine what is best for you to do. The goal is obviously to be compensated for damages you suffered through no fault of your own, and an attorney can help make that happen.
call ben crump law, pllc for help with your case
You want to be well informed about what happens if the at-fault party doesn’t have auto insurance. Ben Crump Law, PLLC is here for you when you have experienced an accident with an uninsured or underinsured driver and need legal help. You should not have to pay out-of-pocket costs for your medical treatment. Call today for a free case evaluation at 800-959-1444.
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