In most states, drivers are legally required to have car insurance. However, one in seven drivers still do not carry insurance, and when they hit another driver, it can create issues for everyone involved in the collision. [1]
If an uninsured driver hits you, you still have options to manage your expenses and hold the other party responsible. Here’s a guide to dealing with this unpleasant situation.
The Immediate Aftermath
A car accident can be traumatic, but you can minimize stress by staying calm and following the next steps.
Safety First
Prioritize safety and seek medical attention if needed, regardless of fault. If possible, move to a safe location and ensure other accident victims are secure. Check for injuries and seek medical attention even if you feel fine, as some injuries may not be immediately apparent. If the other driver is uncooperative, call 911 for assistance.
Exchange Information
Gather essential details from the other driver, including their driver’s license information, contact details, and license plate number. This information is crucial for insurance claims and potential legal proceedings following the accident.
Police Report
Involving the police will ensure your safety and create a legal record of the accident, which is crucial for filing an insurance claim or lawsuit.
Call 911 while still on the scene if any of the following is true:
- The other driver doesn’t have auto insurance
- Someone has been injured
- The traffic is obstructed
- There is significant damage to property or vehicles
- It’s a hit-and-run accident — call 911 immediately and describe the other vehicle
- If the report is required by law in your state
You can also file a report after you leave the scene by visiting a police station or through your state’s online reporting system. Many states have a time limit for reporting an accident, ranging from 24 hours to three days after it happens, so do it as soon as you’re safe.
Document the Scene
Evidence will help you when dealing with the insurance company and later if you plan to take legal action against the at-fault driver. Take photos of all the important details and try to catch them from multiple angles. Include:
- Vehicle damage – Take close-ups of all scratches, dents, broken glass, or other damages to your and the other driver’s car.
- License plates – Take photos of the license plates of all vehicles involved in the crash.
- Visible injuries – This shot should include injuries to you and your passengers. Photograph the progression of the injuries in the following days and weeks.
- Accident scene – Capture the position of the vehicles, traffic signs, debris, and skid marks.
- Road conditions – Take photos of snow, rain, ice, potholes, or similar factors.
Dealing with an Uninsured Driver
Dealing with accidents involving an uninsured motorist is complex, but there are still ways to manage the situation.
Challenges of Recovery
Recovering compensation from an uninsured driver can be challenging because they lack the insurance to cover damages. Even when you win a lawsuit against an uninsured motorist, recovering the actual costs can be difficult as they often do not have the resources to pay you.
Some states also make recovery more challenging, as they have specific laws about insurance or regulations that limit when you can file a lawsuit. In any case, consulting a specialized car accident lawyer can help you deal with the accident’s aftermath.
Potential Legal Actions
If you’re dealing with an uninsured or underinsured driver, there are two main ways to pursue compensation.
The first is to sue the at-fault party directly. This claim can help you pay your medical bills or car repair costs, but you may find it difficult to collect the payment if the other person doesn’t have the resources to pay.
You can also explore other avenues for compensation, which mostly depend on your own auto insurance policy.
Importance of Your Own Insurance
Your auto insurance will strongly affect the financial outcome of this situation. Depending on the state and your own insurance policy, you may rely on Underinsured Motorist Coverage (UIM coverage), Uninsured Motorist Coverage (UM coverage), or Personal Injury Protection (PIP). Your health insurance will also play a crucial role in dealing with the consequences of the crash.
Understanding Uninsured Motorist Coverage
Uninsured motorists can create issues for the other parties, themselves, and their passengers. This challenge is why companies offer additional insurance coverage to complement collision coverage and basic auto insurance.
Definition and Purpose
Too many drivers lack insurance and endanger themselves and others, which is why insurance providers offer the following options (which are sometimes required by law):
- Uninsured Motorist Coverage (UM) – Uninsured motorist coverage pays for you and your passengers’ medical bills and vehicle damages. It also applies to hit-and-run accidents.
- Underinsured Motorist Coverage (UIM) – This coverage is helpful if the at-fault driver has insurance but not enough to pay for all the damages.
- Personal Injury Protection (PIP) – Mandatory in no-fault states, PIP covers medical expenses regardless of fault.
Insurance Company Coverage Limits
Policy limits determine the highest amount your insurer will pay for damages, with limits typically divided into bodily injury damages per person, property damages, and total damages per accident.
If your damages exceed your policy limits, you may need to cover the difference out-of-pocket or seek to pay for it through compensation. Also, if your damages are close to your limits, it may be financially prudent to settle rather than pursue a lengthy lawsuit.
Filing a Claim with Your Insurer
It’s best to contact your insurance provider as soon as possible, as most insurers have a time limit of 24 to 72 hours. Your policy documents will also tell you how much time you have to file a claim, which usually ranges from a month to several months.
These are the steps to follow when filing an insurance claim:
- Gather evidence – This includes the accident’s date, time, location, other driver’s information, police report, or medical treatment costs.
- Complete claim forms – Fill out the forms and provide accurate information.
- Cooperate with the adjuster – Provide additional information and details if assigned an adjuster.
- Get repair estimates – Submit estimates regarding vehicle repairs to your insurer.
- Review the settlement – You don’t need to accept the settlement if it doesn’t cover all your damages. You can also contact a car accident lawyer to help you negotiate fairer compensation or examine the offer.
Pursuing Compensation from the At-Fault Driver
Another way to pay your expenses after an auto accident is to pursue compensation from the at-fault driver. However, you may find additional challenges after an accident caused by a driver without insurance or insufficient insurance.
Legal Action
You can file a lawsuit against the uninsured driver to seek compensation for property damage, medical costs, and, potentially, pain and suffering.
Consult a personal injury lawyer experienced with car accidents to evaluate your case. At Rosenfeld Injury Lawyers, our Chicago car accident attorneys offer a free consultation to victims to help them understand their legal options.
The process of filing a lawsuit looks like this:
- Free case evaluation – Schedule a consultation with us, and we will help you find the best course of action in your case. If you proceed with the lawsuit, we will move on to the next step.
- Case investigation – This step includes gathering medical and police reports, witness statements, and evidence such as photos.
- Filing the lawsuit – We prepare, submit, and serve the appropriate documents.
- Negotiating the settlement – Most cases are settled outside court, especially when the other driver is uninsured or underinsured and already has limited finances.
- Trial representation – If we do not reach a settlement, or you do not agree to the amount, we prepare for trial, where we will represent your interests.
Challenges and Limitations
There are two main challenges following car accidents with uninsured drivers: their financial ability to pay and the complexities of collecting on a judgment.
Uninsured drivers often have limited financial resources, so collecting damages is challenging. Even if you win the lawsuit, the driver may lack assets or income to pay for the damage. Furthermore, bankruptcy could eliminate their debt obligations, leaving you with limited options for recovery.
The Role of a Personal Injury Lawyer
A personal injury lawyer can help you understand the legal process, gather evidence, and strengthen your case. We know the laws and deadlines in your state, and we can help you avoid pitfalls that often cost time and money.
Our Chicago personal injury attorneys can negotiate effectively with the other party to secure a fair settlement. We can also represent you in court, enhancing your chances of obtaining maximum compensation for your injuries and losses.
Other Potential Avenues for Compensation
There are two other ways to recover damages: victim compensation funds and health insurance.
Victim Compensation Funds
Many states provide victim compensation funds, which might offer assistance for medical expenses, lost wages, and other related costs for victims of violent crimes or accidents.
For example, the victim compensation fund in California includes victims of vehicular manslaughter and DUI drivers, but it also states that it may include other injuries. Missouri is another example, with a Tort Victims’ Compensation Fund dedicated to victims of personal injuries who were harmed through the actions of an uninsured or underinsured person. [2]
To be eligible, you usually need to show that you have exhausted all other resources, such as insurance, and ask for assistance within a certain timeframe. However, each state has its eligibility criteria, so it’s best to check the exact details on the official victim compensation fund website.
Health Insurance
Health insurance is another possibility for covering medical costs, but your options depend on your policy.
In no-fault states, PIP usually covers medical costs up to $10,000, while your own health insurance should cover the rest. [3] In other states, your medical insurance should cover the cost of treating your injuries and significantly reduce your expenses.
Secure Professional Legal Representation
Rosenfeld Injury Lawyers is dedicated to helping personal injury victims. Our Chicago UM claim lawyers are highly experienced in dealing with such car accident cases. We have recovered millions for our clients and helped them navigate the stressful aftermath of the crash.
Schedule a free consultation at (888) 424-5757 or fill out our contact form.
References: [1] iii.org, [2] Missouri Labor, [3] Department of Insurance