You were just involved in a pretty significant fender bender while driving your kids to school. Everyone’s fine, and in any normal situation, you simply exchange insurance information with the other driver. But what appears to be a routine auto accident turns frustrating when you find out you were just hit by an uninsured driver.
In an instant, you’re left wondering, “OK, am I just out of luck on this one?” “Who’s going to pay for the damage?”
These and any other questions that quickly flood your mind are completely natural. Fortunately, being hit by an uninsured driver doesn’t automatically mean you’re stuck paying for everything on your own, and they get off the hook Scot-free. Oh, quite the contrary. Driving without insurance is illegal and comes with hefty consequences. That said, the fact that they don’t have insurance does make the situation a tad more complicated.
You vs. an Uninsured Driver: Keep the Process the Same as You Normally Would
An uninsured driver is defined as anyone who has never had auto insurance or has let their policy lapse. Even if that driver is extremely apologetic and quickly admits they don’t have car insurance—or you later discover that their policy is invalid or doesn’t have enough coverage—you should still proceed as you would under normal conditions.
- Calling the police
- Seeking medical attention
- Capturing photos and videos of the damage and injuries
- Gathering witness information
- Exchanging contact information with the other driver
Following these steps and gathering the right documentation is even more critical when you’re dealing with an uninsured or underinsured driver. It is a mistake to assume anything otherwise, especially if you want to be compensated for the damages and any possible injuries. This begs another important question:
Can I Still Recover Compensation?
Yes. Just because an uninsured driver hit you doesn’t mean you should be left holding the bag. That said, this assumes your insurance policy includes uninsured motorist coverage. Most policies do, and the goal is to protect you if the at-fault driver doesn’t have insurance.
In these situations, you would file everything with your insurance provider. The UMI coverage would then kick in, and, depending on your policy, cover medical expenses, car repairs, lost wages, and pain and suffering.
If you don’t have uninsured motorist coverage, you may still have options. But recovery will be more complex since you will likely have to pursue a claim directly against the uninsured driver. This is a no-brainer next step, but there’s also a good chance that they don’t have the financial resources to cover your damages out of pocket. This can make collecting compensation—even if you win the case.
What About Hit-and-Run Accidents?
If you’re the victim of a hit-and-run accident, the steps above are even more important in helping law enforcement locate and identify the other driver. The more evidence you have, and the more you can remember (such as license plate information, make and model of the vehicle, and description of the driver), the stronger your claim can be.
If any of these issues escalate and warrant additional guidance from a personal injury and auto accident attorney, we can help. An experienced firm like Keys Law Offices, PC can help you track down the compensation you deserve.
Call Keys Law Offices Today!
When you have a legal question, you must have an attorney who has both legal and practical experience to answer it. At the Keys Law Offices, our legal and life experiences uniquely qualify us to answer your questions. We represent people in a variety of legal disputes in the areas of Auto Accidents, Criminal Law, and Personal Injury. We also understand the complex legal and regulatory issues involved in these cases and know how to investigate and litigate to ensure that our clients receive the compensation they deserve. Please do not hesitate to contact us for a free consultation.
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