What Happens if You Get Hit By a Car and the At-Fault Driver Doesn’t Have Insurance?
January 14, 2019 | Car Accidents
Car accidents are never easy to deal with, much less one that involves a pedestrian. If you have been hit by a car and the at-fault driver doesn’t have insurance, you’re probably wondering what options are available to you. Depending on the circumstances of the crash, the severity of injuries, and several other factors, you could have a valid personal injury claim on your hands. It is crucial to speak with an uninsured motorist lawyer about the crash you were involved in with an uninsured at-fault driver to figure out if and how much compensation you may be entitled to.
Gather Any and All Information Possible from the Scene of the Accident
Preserving evidence from the scene of a car accident can save you a lot of time and stress, especially if the accident involves an uninsured driver. The more information that is gathered directly after an accident happens, the easier it is for you to prove that you’re eligible to recover damages from the at-fault party. If your injuries prevent you from documenting the scene of the accident, the police will take care of this for you, or you can send a friend to gather evidence for you. Powerful evidence that can be used from the scene of the crash include:
- Photos or video footage from the scene of the accident – the more visual evidence that can be collected, the better
- Debris or other tangible evidence from the scene of the crash – pieces of shredded tire, broken car parts, etc. from the scene of the accident
- Medical and police reports – after an accident happens, you must call the police and seek prompt medical attention. Injuries can be serious and potentially get worse the longer they go untreated, and if an accident isn’t documented by the police, you won’t be able to make a claim against the at-fault driver
- Witness accounts – speak with other drivers or pedestrians that witnessed the crash. Again, if you cannot collect evidence yourself, have a friend do so for you
Can I Sue an At-Fault Driver Who Doesn’t Have Insurance?
In 2015, one in eight drivers was uninsured. If you have been hit by a car as a pedestrian and the at-fault driver doesn’t have insurance, it’s important to call a lawyer as soon as possible. If you wish to sue the at-fault driver for your injuries, your lawyer will analyze the details of your case, what damages you should sue for and the grounds you have to do so. Your lawyer will then help you file a lawsuit against the uninsured driver for hitting you and defend your case in court.
The downside to filing a lawsuit against a motorist who is uninsured is that they more than likely do not have the money to pay for damages out of pocket since they potentially couldn’t afford insurance in the first place. If the court determines that the at-fault driver does have money, the judge will give a court order that legally binds the negligent party to pay for your damages. Lawsuits can quickly become costly for all parties involved, so it is important to speak with your lawyer to determine what the best option is to recover damages for your claim against an uninsured at-fault driver.
Know All of Your Options for Recovering Damages After Being Hit by an Uninsured At-Fault Driver
Car insurance coverage protects you in a variety of ways if you’re involved in an accident. If you are hit by an uninsured at-fault driver, it is essential to know the details of your insurance policy. Some policies include uninsured motorist coverage, which allows drivers to file a claim with their own insurance company if they’re hit by an uninsured at-fault driver while others don’t. The details of each policy vary from insurance company to insurance company, but generally, an uninsured motorist policy covers bodily or injury damages, or both. If you’re unsure of whether you have uninsured motorist coverage built into your insurance policy, it is best to have your uninsured motorist lawyer look into this for you during your initial consultation. Once it is found that you do or do not have uninsured motorist coverage, you and your lawyer will be able to decide what the best option is for your case.
Do I Need a Lawyer if I Am Hit by an Uninsured Driver Who is At-Fault in an Accident?
It can be complicated and difficult to file an uninsured motorist coverage claim with your insurance company and to decide whether you should choose this option over suing the uninsured driver that hit you. Your best option after a car accident where you were hit as a pedestrian by an uninsured at-fault driver is to call your lawyer immediately. Let your lawyer handle your insurance company for you or file a lawsuit with their experienced legal skills rather than braving the process alone. Most car accident claim lawyers offer free consultations and offer contingency plans so that you won’t have to worry about paying them until after your case is taken care of. Your lawyer is there to protect you and make sure that your case gets the justice it deserves, so it is wise to call them immediately after an accident happens. Need a lawyer after being hit by an uninsured at-fault driver? Feel free to contact the Dixon Injury Firm to discuss your case’s options today.