Handling Accidents with Uninsured Drivers: A Guide

Experiencing a car accident is inherently stressful, and the stress amplifies when the other driver is uninsured. Despite legal requirements for auto liability insurance in most states, some drivers still gamble with driving uninsured. This complicates the recovery of compensation for medical expenses, income loss, and vehicle repairs, but there are still viable paths to consider.

Immediate Actions Post-Accident

After an accident involving an uninsured driver, your initial steps are crucial. First, ensure everyone's safety and check for injuries, followed by contacting the police to file a report. Gather all pertinent details, such as the other driver’s contact and vehicle information, and take photographs of the scene and damages. Notify your insurance provider promptly. As most states adhere to an “at-fault” system, where the liable driver pays for damages, the results will depend on the fault determination.

Insurance Coverage Options

If the uninsured driver is deemed at fault, your own insurance may cover expenses. Many policies include uninsured or underinsured motorist coverage, which handles medical expenses, lost wages, and sometimes property damages when an uninsured driver is involved. Please be aware that many people try to save money by purchasing "Reduced by" or "Reducing in Limits" uninsured or underinsured motorist coverage.  What this mean is your coverage will be reduced by the amount of coverage the liable party has.  For instance, if you have a "Reduced by" policy of $25,000 per person, or $50,000 per occurrence, and the liable party has the same $25,000/$50,000 liability coverage, you will effectively have $0.00 in underinsured coverage because your policy was "reduced by" the at-fault party's liability insurance.  "Add-on" underinsured or uninsured coverage, on the other hand, does not have the same reduction of coverage.  Rather, your uninsured/underinsured coverage will be in addition to the liability coverage of the at-fault party, assuming your damages are such that you need the additional coverage.  Further, additional coverages like collision or personal injury protection (PIP) might also cover repairs or medical costs regardless of fault. Without these optional coverages, compensation through insurance can be restrictive.

Legal Considerations

In some instances, pursuing legal action against the uninsured driver to recuperate losses may be an option. A lawsuit might provide reimbursement for medical fees, property repairs, and more. However, this is usually only viable if the driver has financial means to fulfill a settlement or judgement. Consulting with a seasoned car accident attorney can aid in assessing the practicality of a lawsuit and guide you in documenting your claim effectively.

Handling Hit-and-Run Situations

For hit-and-run incidents, the approach is similar. In such cases, where the driver cannot be identified, your uninsured motorist coverage typically steps in. It’s essential to file a police report and inform your insurer without delay.

Getting Professional Assistance

Dealing with uninsured drivers can be daunting, but you don’t have to go through it alone. An attorney can assist in navigating insurance claims, negotiating with insurers, and safeguarding your rights. Understanding your coverage and swift action post-accident are critical to reducing financial burdens and securing the compensation you're entitled to.