What Happens If You Get Into a Car Accident With No Insurance?
Motor vehicle accidents of all types lead to several complications for victims and those deemed at fault. When either party lacks proper insurance, it adds another complication to the matter. Sometimes, people have an insurance policy, but not enough to cover the cost of a claim. Either way, if anyone is involved in a car accident with no insurance, this is a unique situation that requires a lawyer experienced with such motor vehicle accidents. Working with a trusted local legal advocate offers the most favorable opportunity for both groups to protect their rights and receive fair compensation for resulting damages.
What Financial Responsibilities Do Parties Have After a Car Accident With No Insurance?
Those who cause car accidents but do not have coverage may face a lawsuit from victims who want to recover damages for medical bills, lost wages and similar losses. The responsible party may not be able to pay for the damages. If that is the case, the person could face wage garnishment or a similar method for compensating victims. The aftermath of collisions in “no-fault” states differs. In those areas, no matter who bears fault, parties make claims through their own insurance policies. Even then, severe injuries and medical bills could open responsible parties in no-fault states to a lawsuit from injured individuals.
If another person causes the accident but the victim does not have coverage, the uninsured party may have limited options for taking legal action against the responsible party. In “no pay, no play” states, uninsured motorists cannot sue for damages that dollar amounts cannot adequately quantify. Examples include physical pain and psychological suffering. Motorists who do not have coverage in “no pay, no play states” must pay a repair deductible before they sue for property damage.
How Can Lawyers Help in a Car Accident With No Insurance?
Injured parties may not have to rely on a lawyer to help communicate with the other driver’s insurance company. However, the victims may need legal assistance with gathering evidence to fortify a case. Gathering evidence against the other party strengthens a case and helps victims recover fair and full compensation. Taking pictures of the accident site and damage to vehicles is a great starting point for gathering evidence. Although, lawyers know the best images to take that establish fault. Police reports and eyewitness statements also help.
Injured individuals and their legal representatives must also gather evidence of damages. This means thoroughly upkeeping all medical documentation, such as bills, records and treatment plans. Lawyers know how to go about securing medical records from small doctors’ offices that may not have the resources to quickly respond to requests for information. Legal advocates also know how to recover complete records rather than partial documentation.
How Can Insurance Companies Help in a Car Accident With No Insurance?
Depending on a person’s coverage, a car insurance policy could account for drivers with no insurance or insufficient insurance to cover damages resulting from a collision. Uninsured coverage may take care of bodily injury and medical bills for drivers, passengers and the policyholder’s family. There is also uninsured coverage for property damage, such as one’s car. Underinsured motorist policies address damages that the at-fault driver’s policy limits do not cover. Depending on the state, insurance providers may bundle uninsured and underinsured motorist coverage.
Some states require drivers to have underinsured and uninsured coverage. Some states have more uninsured drivers than others. This makes it essential for insured motorists to protect themselves from paying from an uncovered driver’s negligence and oversight.
Even with such coverage, policyholders may have to fight with their insurance company to receive claim approval. Insurance providers look for any means necessary to either deny a claim or reduce the claim amount as much as possible. If this happens, car accident victims not only have to worry about medical bills and the cost of auto repairs, but they must also fight with their insurance agent. In this scenario, having a lawyer step in and take the reins may be the only viable course of action.
When Does It Make Sense To Sue the Uninsured Driver?
Before suing the other driver, car collision victims must work with a legal advocate to ensure that they do not share blame for the accident. If they bear even a small percentage of fault, that impacts the total amount of damages the person can recover.
While suing the other motorist may be the only way to recover damages, the reason that the other person does not have coverage may be because she or he cannot afford it. If this is the case, the individual may lack the assets to pay a judgment for damages. Even with a successful judgment against an uninsured defendant, that person could claim bankruptcy. If that happens, the defendant no longer has an obligation to pay the judgment. This puts the injured plaintiff in an even more difficult position.
Before taking specific legal action, lawyers can help their clients investigate whether the at-fault driver has the financial means or assets to pay a judgment. One method of recovering money is to place a lien on the defendant’s property. Property liens keep owners from selling a home, business or another property type. After filing the judgment, when the property owner sells the asset, the plaintiff receives some of the proceeds.
Another way to recover money from an at-fault driver is to create a payment plan. This option allows injured individuals to receive regular judgment payments.
Work With an Experienced Local Lawyer
Drivers involved in car accidents with those without insurance and uninsured motorists facing a lawsuit from injured parties should work with trustworthy and experienced legal representatives in their state. A case that seems straightforward may have nuances to explore and laws or evidence that help build a case. Turning such a case over to a lawyer helps guarantee a favorable outcome. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!