When the Other Driver Doesn’t Have Insurance
Author: Auger Law | June 27th, 2017
Involvement in a traffic collision can be a hassle to say the least. If you are lucky, the accident is a minor one, you exchange information with the other driver and go about your day. If luck isn’t on your side, there is severe damage or even worse, injuries. Imagine being involved in a serious vehicle accident only to find out that the other driver doesn’t have insurance. What are you supposed to do now?
The good news is that you have rights if the driver you are involved in a collision with has no insurance or is underinsured. It is a state requirement that people have adequate insurance coverage in order to lawfully operate a motor vehicle. That said, there are people sharing the road with you that are breaking this law.
If you are involved in a collision and discover that the other driver has no insurance, you may have some options.
File a Claim With Your Insurance
If you have purchased uninsured/underinsured coverage as part of your own policy, you can file a claim with your own insurance. If the at-fault driver doesn’t have enough insurance to cover all of the damages and injuries, your own insurance may make up the difference. That is called an underinsured claim. It is common for people to feel that they shouldn’t have to use their own insurance since they were not at fault. There are two things to consider regarding this issue. 1. You have uninsured coverage to protect yourself in this situation and 2. going through your own insurance company may be your only viable option for collecting compensation for your damaged vehicle and injuries. If your insurance company should pay you for an uninsured motorist claim they may try to collect their money back from the uninsured driver through a process called subrogation.
Take Them To Court
If there isn’t enough insurance money to cover all of the damages and you were unable to be compensated through your own insurance carrier, you may consider an attempt to secure a judgment by taking the uninsured driver to court. If you are successful in proving your case, a court may order the at-fault party to pay you a judgment. While it is certainly within your rights to file a civil action, know that it can be difficult to collect a judgment in some instances. When a driver does not have auto insurance, many times it is because they cannot afford it. This means that they may not be able to afford paying whatever a judge orders.
Know Your Rights
If you have been injured in an accident that isn’t your fault and the other driver didn’t have insurance, call us. If hired, our office will be able to confirm whether or not the driver had valid insurance at the time of the accident and additionally we will be able to let you know all of the benefits you may have available to you through your own insurance carrier.
When you have been injured in an automobile accident, you could be facing large medical bills, time off of work and more. Do not assume that you have to suffer financially due to someone’s poor choices. If you have been injured in a car accident in Charlotte, North Carolina or somewhere else in our beautiful state, our team of personal injury attorneys is here to assist you. We will put our 25+ years of experience and knowledge to work for you and fight to get you the compensation you deserve. Call our office today to schedule an appointment for a free case evaluation and talk to us about how we may be able to help you.