You’re driving along, minding your own business when another vehicle slams into yours. You’re shaken up, hurt, and wondering what happens next. Then things go from bad to worse. You find out the other driver doesn’t have insurance. This is probably one of the last things you want to hear after an accident. But don’t panic. While the situation is complicated, there are still legal paths you can take to seek the compensation you need.
Here’s a closer look at your challenges, your options for moving forward, and why having an experienced personal injury attorney by your side is crucial if an uninsured driver injures you.
The Problem with Uninsured Drivers
Every state has minimum driver insurance requirements, but not everyone follows the rules. Believe it or not, around 1 in 8 drivers in the U.S. are uninsured. This creates a major headache for law-abiding folks like you. Insurance is meant to cover expenses like medical bills, property damage, and lost wages after an accident. When the at-fault driver is uninsured, it leaves you in a tough spot.
Without insurance to tap into, you’re left wondering who’s going to cover your costs. And make no mistake, those costs can add up fast. The financial strain can feel overwhelming between hospital visits, missed time from work, and car repairs. This is exactly why legal assistance is so important.
Your Legal Options After an Accident with an Uninsured Driver
Here’s the good news (yes, there is some!). You still have options to pursue compensation, even if the other driver doesn’t have insurance. Below are some possible paths forward:
1. Use Your Insurance Coverage
If you have uninsured motorist coverage (often called UM coverage) as part of your auto policy, you can file a claim with your insurance company. Many states require insurance providers to offer this option, and it’s a lifesaver in situations like this. UM coverage can help cover your medical expenses, lost wages, and other losses caused by the uninsured driver.
Even if UM coverage isn’t required in your state, it’s worth checking your policy because you may have opted in when purchasing coverage.
However, remember that dealing with insurance companies—even your own—isn’t always easy. They might try to lowball you or deny the full extent of your claim. This is where having an attorney step in can help.
2. File a Lawsuit Against the Driver
Another route is filing a personal injury lawsuit against the at-fault driver. By doing this, you can attempt to recover compensation directly from them. However, this option isn’t always ideal because someone who doesn’t have insurance often doesn’t have the financial means to pay a settlement or court judgment.
Still, a lawsuit can open up additional legal avenues to recover your damages, particularly if the other driver has assets that can be pursued.
3. Explore Other Insurance Options
Even if the other driver doesn’t have their own insurance, other policies may apply. For example, if they were driving someone else’s car, the car owner’s insurance might step in. Or if the accident occurred while the driver was working, their employer’s insurance might cover the damages.
Identifying these possibilities requires experience and legal knowledge, so having an attorney review your case is valuable.
Why You Need an Attorney for These Cases
Navigating a personal injury case is challenging enough, but adding an uninsured driver to the mix makes it even trickier. Here’s why an attorney is essential in these situations:
1. They Handle the Insurance Companies for You
Whether you’re dealing with your own insurance or trying to figure out if a third-party policy applies, insurance companies are likely to push back. An attorney can handle all communications, negotiate on your behalf, and fight to ensure you get the compensation you deserve.
2. They Can Find Hidden Opportunities
An experienced personal injury lawyer knows what to look for. They can investigate the accident, identify other potential sources of compensation (like employer policies), and uncover evidence to strengthen your case.
3. They Remove the Legal Burden
After an accident, you should focus on healing—not stressing over legal processes, deadlines, and paperwork. Your attorney can handle all the heavy lifting so you can concentrate on recovering.
Fresno Car Accident Attorney
At Fowler | Helsel | Vogt, we specialize in helping car accident victims navigate the complicated legal system and get the compensation they deserve. With our experienced Fresno car accident attorneys by your side, you can rest assured that your case is in capable hands. Contact us today at (559) 900-1280 to get started.