Accidents with Uninsured Drivers

Having a car accident is traumatic enough. Finding out the other driver is an uninsured driver in car accident is even worse. The good news is that according to The Insurance Research Council (IRC)’s Uninsured Motorists, 2008 Edition (www.ircweb.com), the estimated percentage of uninsured motorists declined nationally, from 14.9 percent in 2003 to 13.8 percent in 2007, but this doesn't get rid of uninsured car accident occurances. However, all insurance carriers provide optional uninsured motorists coverage while the majority states have made this coverage mandatory for drivers.

Uninsured Motorists Accident: Claims & Recovering Damages

Typically, when you file an uninsured motorist damage claim with your insurance provider, they step into the shoes of the other driver and do not necessarily act in your best interest. This is a total loss to the insurance company provoking them to more than likely offer a fairly conservative settlement amount, one in which most cases will not fully cover all the extent of the damages and expenses you have occurred.

In the event of an accident with an uninsured driver, most of these policies will cover property damages and injuries without having the need to sue the other driver in an uninsured motorist settlement. The primary reason the driver was uninsured in the first place is due to a lack of financial resources, thus, if you were to pursue legal action to seek compensation, you may not be able to receive any from the other driver as they wouldn’t have sufficient assets. However, some settlements work out where you would be able to receive compensation over time as their future earnings would be garnished.

Can a Car Accident Attorney Help?

It would be a wise and highly recommend hiring a Car Accident Attorney in an automobile insurance claim. They would carefully examine the details of the accident, your insurance policy, and determine a fair settlement amount that you should receive from your insurance provider. They will help legally advocate your claim with the insurance company, and you may even end up suing them for unfair compensation. If you pursue to take further legal action with the uninsured driver, they can also help litigate a structured settlement if the driver has the financial means to provide compensation.

car accident attorneys are very effective in ensuring you receive a fair settlement amount so consulting with one immediately after your accident would be highly recommended. Most consultations are also free so you can determine if the added potential claim value from the expenses in hiring an attorney would be worth your particular accident case. Attorneys would simply take a portion of the claim rather than charging upfront fees.

Things to remember:

  • If my insurance company won’t pay, do I sue them or the other driver? If you feel that your insurance company is not honoring their policy, you can get your attorney involved.
  • The other driver could not afford car insurance. How will he or she be able to afford any settlement? The other driver will likely have assets somewhere or will have them in the future. Your car accident lawsuit settlement can include a provision that will allow you to get their future earnings. Structured settlements, which are paid out in installments, will also guarantee you payments.
  • Will I have to go to court? Most cases are settled outside of court. Trust your attorney to decide which option is best for you.
  • If you or a loved one may have been involved in an Auto Accident with an uninsured motorists, Submit Your Case for a Free Review to be aware of your options with a local certified Car Accident Attorney.
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