It is one of the worst nightmares that you could ever have to live through. You are in a car accident through no fault of your own, and discover that the at fault driver doesn’t have car insurance. Car insurance is mandated by the state, but that doesn’t mean that every driver has it. Unfortunately, there are some very irresponsible people on the roads who do not always have coverage.
What you do when this situation arises will determine just how quickly you get reimbursed for your damages and medical expenses. You have two possible options when the other driver is not insured, depending on your own car insurance coverage.
Going Through Your Insurance Company
If you have uninsured motorist coverage, you can get your car insurance company to pay for your medical expenses, property damages and pain and suffering but they will not pay anything under your uninsured or underinsured coverage until you have completed your treatment. That is why it is important to have personal Injury Protection “PIP” so that your medical expenses are covered immediately. If you want to have your property damages paid immediately you need to have collision coverage. While Underinsured motorist coverage will eventually pay for you these damages it will not be until you finish treating and ar ready to close your claim . If the other driver does not have insurance or the ability to pay compensation, the car insurance company will file their own lawsuit against the driver to get reimbursement for the money they pay to you on your claim.
If you do decide to go this route, it is helpful to have an attorney representing you and negotiating with the insurance company. It may be difficult to get all of your expenses and damages covered by the policy if your coverage limit maximums for uninsured motorist are low. You may still need to hire an attorney and file your own lawsuit against the at fault driver to get full compensation.
Hire an Attorney
Your best option in this situation is to hire a personal injury attorney. An attorney can best advise you whether to file on your own insurance or file a lawsuit against the at fault party. If you move forward with a lawsuit, your attorney will be there to represent you and help you get the compensation you deserve.
If you have been in a car accident and the at fault driver did not have insurance, contact us today for a free consultation. To protect your right to compensation, it is important that you act quickly and decisively with an attorney in your corner.