Your Options if the Driver Who Hit You Does Not Have Insurance
No one likes to be involved in an auto accident, even if it is very minor. However, few things could make this bad situation even worse, like finding out the other driver does not have auto insurance. What should you do if you find yourself in this situation? Unfortunately, there are not very many appealing options, but this guide will go over what you should do.
Uninsured Motorist Insurance
The first thing you need to understand is that it is illegal to not have auto insurance to cover any other vehicles involved in an accident you cause. Every driver is legally obligated to at least have enough insurance to cover others, but drivers are not required to have insurance that covers themselves. That is an optional level of coverage. Likewise, there is an optional type of coverage called “uninsured motorist insurance.” This will cover all damages to your vehicle in the event you are struck by a driver without insurance.
Unfortunately, by the time you are involved in an accident with an uninsured motorist, it is too late to add this level of coverage to your policy. You may want to double-check that you do not have this type of coverage and simply forgot about it. Otherwise, you may want to consider adding it to your policy for next time.
File a Lawsuit
Regardless of whether you are covered by uninsured motorist insurance, you can file a lawsuit against the other driver. Even if your insurance covers the damages to your vehicle, the other driver is obligated to cover you for the value of the damages. If your insurance provider covers the damages, then some of the winnings from the lawsuit would go toward compensating your insurance provider.
If you are unable to get coverage through your insurance, then filing a lawsuit may be your only option to get the compensation you are owed. You may not realize that filing a lawsuit does not necessarily mean the case will go to trial. Filing a lawsuit is simply a way to legally demand compensation. The other driver may agree and pay immediately. Of course, it is always a possibility that the other driver will refuse and your case will have to go before a judge and jury.
You should always contact an attorney prior to filing a lawsuit. Additionally, you should contact a car accident lawyer, like a car accident lawyer in Milwaukee, WI, at the very first moment you suspect legal action may be a possibility, whether it is against you or you are the one filing.
Thanks to Hickey & Turim Attorneys at Law for their insight into your options if you are in a car accident and the person who caused it didn’t have insurance.