Legal Tips & Resources
When you are involved in a car accident and it is obvious that the other driver was at fault, collecting the insurance payment can be a straightforward process. However, if the at-fault motorist does not carry any kind of car insurance, it can leave you facing considerable car repair and medical bills. You may wonder if you have any recourse in this case; however, there are a few steps you can take to ensure you receive proper compensation.
1. Review State Laws
You may not be entitled to any kind of coverage if you live in a state that operates under a no-fault law. In these states, no matter who caused the crash, you are responsible for your own car repairs and to cover any medical bills that might have resulted from the accident. About a dozen states have a no-fault law, while the rest recognize tort law, which means the driver at fault is responsible for covering the other motorist’s damages. Depending on your state of residence, it may not matter who was at fault.
2. Contact the Police
After a crash, the other driver may ask that you not call the police because he or she will pay for your damages out of pocket. However, this may not be the best course of action because most drivers who want you to agree to it are usually not insured and want to avoid being cited for it. Notifying the police, filing a report, and being honest about the incident can help you recover damages in court later, though, even if the other driver is uninsured.
3. Talk to Your Insurance Company
It is wise to contact your insurance company soon after the crash and explain your situation. You may be able to obtain some coverage after paying your deductible, but the compensation is usually limited to the damages to your vehicle and may not cover your medical bills. If you were injured in the crash, you may have to go through legal channels to have those expenses covered.
4. Hire an Attorney
If you were hospitalized after your accident or can no longer work, then you may want to consider hiring an attorney to help you file a personal injury case. You may be able to seek a variety of damages from the uninsured driver, including general, punitive, and pain and suffering.
Being involved in a car accident with an uninsured driver can be very frustrating, especially if you do not know how to proceed, but there are a few actions you might be able to take to recover from the damages. Call a car accident lawyer, like a car accident lawyer in Naperville, IL, for more information or to schedule a consultation.
Thanks to The Law Offices of Konrad Sherinian for their insight into what you should do if you are hit by an uninsured driver.