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Posted By AUTHOR Mike Bannan on 10/01/2023 in Law Tips

What Happens When an At Fault Driver Doesn't Have Insurance?

What Happens When an At Fault Driver Doesn't Have Insurance?

In our fast-paced world, car accidents are a fact of life. But serious car accidents and the injuries and damages they cause can upend your life, both physically and financially. What happens if you’ve been injured in an accident with someone who acted negligently but had no insurance? 

Unfortunately, this scenario happens far too often. Today, it’s estimated that nearly 13 percent of all drivers on the road are uninsured. Many states now require drivers to purchase uninsured/underinsured insurance coverage for this very reason.

If you’ve been involved in an accident with an uninsured at fault driver, you will want to get the advice of an experienced car accident lawyer to understand your legal rights and options. At Reach Local Lawyers, we help people just like you find skilled legal representation to help you get fairly compensated for your injuries and other damages after a serious car accident. 

How to Handle a Car Accident Involving an Uninsured (or Underinsured) at Fault Driver

Your first priority after an accident is your safety and health. You’ll want to seek medical attention immediately and follow all care instructions from your provider. Keep receipts of all bills and expenses. These will be important to any insurance claim you’ll make after the accident.

The police should always be called after an accident with significant damage and/or injuries. A police report will reflect important evidence regarding the cause of the accident, who was at fault, and the insurance status of each driver. 

If possible, someone should also get photos of the accident and surrounding area, contact and insurance information from the involved drivers, contact information from any witnesses, and any other crucial notes or information from the accident scene. 

How Insurance Factors into a Car Accident

After a car accident, you will file an insurance claim. However, each state is responsible for regulating its own injury laws and automobile insurance. How you’ll handle an insurance claim after a car accident will depend on your state’s laws. 

In a no-fault insurance state, you will file a claim and seek benefits first from your own insurance company. Fault only comes into play after you’ve exhausted your coverage or if you’ve sustained serious injuries that exceed your state’s severity thresholds. 

In an at fault accident, you must file a claim with the at fault driver’s insurance company. If the at fault driver has no insurance coverage, you can file a claim under your uninsured motorist coverage or pursue a lawsuit against the negligent driver to get compensated for your injuries. 

Insurance Settlements and Lawsuits Are Complicated

We’ve all been led to believe that insurance will be there to protect us when we need it most. But the reality is that most insurance companies are corporate giants that meticulously watch over their bottom line. The result is that initial accident settlements are rarely sufficient to cover all of an injured person’s costs. To be fairly and comprehensively compensated, it generally requires legal understanding and extensive back-and-forth negotiation. 

There are also important things to consider before pursuing a lawsuit against an uninsured at fault driver. Most uninsured drivers don’t have automobile insurance because they can’t afford it. This means that even if you obtain a judgment against them in a lawsuit, they may not have enough assets to make it worthwhile. 

The Importance of Getting Legal Advice

Car accidents can result in serious injuries and overwhelming financial burdens. But navigating insurance claims and lawsuits can be complicated. 

After a serious accident, it’s always to your advantage to get the advice of a car accident lawyer who understands your local and state laws. Your attorney will look at all the factors surrounding your case and advise you of the best strategy to ensure that you are fairly and adequately compensated for your injuries and other damages. Most injury attorneys offer no-cost consultations and only charge on a contingency fee basis, meaning they don’t get paid legal fees unless they recover compensation on your behalf. 

At Reach Local Lawyers, we will help you find the experienced legal advice you need. We are a free lawyer referral service with an extensive database of local car accident lawyers who can help you navigate the legal process. After a serious car accident, you have enough to worry about. Contact us and let us do the legal legwork for you.

If the Reach Local Lawyers team can help, we will. Call us at 888-352-0040, email or by using our website. 

Disclosure:

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Reach Local Lawyers is not a law firm.