Hit by an Uninsured Motorist? Your Legal Options

Holly R Brady
November 15, 2013

Despite every state in the country having specific laws requiring that all cars have insurance to operate legally on the road, there are still many people who drive uninsured. In fact, a recent survey conducted by the Safety Council shows that 1 in 7 drivers are uninsured.

So what happens if you are involved in an accident with someone that is uninsured? That will depend on the state in which you live. If your state is a no-fault insurance state, the driver can make a claim against their own insurance policy for damages. The insurance company will then sue the uninsured motorist for all the damages they incurred by paying off your claim.If you live in a tort state, however, your insurance company will not be obligated to pay for your accident unless you carry specific coverage for uninsured motorists. The injured driver will have to sue the other driver for all the damages they received directly. This can be a lengthy process and may not result in any form of settlement if the other driver is asset-free.

Involved In A Car Accident? What to do

The first thing that you must do is contact the authorities to file an accident report. It is at that time you will discover if the other driver has an insurance policy in effect. The police may ticket the other driver if they cannot prove that they have insurance. In some states, the driver may have their car towed without proof of insurance.

The following thing that you should do is seek medical care for your injuries. You should do this even if you believe that the other driver does not have car insurance. Your medical bills will be covered at some point, and your health is the largest concern at this time.

Contacting an Attorney

Next, you will need to contact representation, whether that means calling a Columbia car accident attorney or New York personal injury lawyer. You should do this even if you believe that the other driver is fully covered. Having a car accident attorney representing your interests in a case will ensure that your rights are protected throughout the duration of this event. With or without the other driver being insured, maneuvering through the claims process can be complicated and frustrating without an attorney.The final thing you must do is follow all medical and legal advice and try to recover from this incidence. With an attorney handling all the difficult work, you can devote your time to a full and speedy recovery.

When a driver enters the road, they should have the courtesy and common sense to have their car insured. Not only is this the law, it is also a form of personal protection. In the end, if they cause an accident, or are injured themselves, they will be financially obligated for the event.

This obligation can cause them financial distress for the rest of their lives. It would be much simpler if they just carried a policy, even a minimal one if allowed, and protect themselves and others in the event of an accident. Even if the at fault party is insured representation is still essential. According to one Columbia car accident attorney, “time is of the essence, and insurance companies will try to settle your claim as quickly and cheaply as possible.”

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Holly R Brady

Holly R. Brady first began blogging while studying for her psychology degree and enjoys writing on legal and lifestyle topics. When she isn’t writing she likes swimming and reading, as well as taking long walks with her two Irish Setters.