There’s a reason the legal system allows people to sue when there has been an accident with injuries or property damage. The intention is to restore the victim’s pre-accident financial situation.
Usually, one party is found to be at fault for an accident and their insurance company will be liable for the restoration of finances or property to the accident victim.
But what happens when the at-fault driver doesn’t have car insurance or is severely underinsured and unable to cover your losses? Is it worth suing an uninsured driver or suing an underinsured motorist? Read on to learn more about how to protect yourself.
First Steps After a Car Accident
Report. Report. Report. Not only should you report your accident to the police, you should also immediately report an accident to your auto insurance company. We’re not talking about filing a claim; that comes later.
Report to the police. Report to your insurance company and make sure to gather as much evidence as you can from the scene. As soon as you are in a safe place, take pictures and gather names and contact information of potential witnesses. These are things that could help you recover your losses.
Uninsured Drivers
Usually, when there is an accident your insurance company will approach the at-fault driver’s insurance company to recover their payments to you. This is common practice; insurance companies file claims against one another. In the case of an uninsured driver, there is simply no other company to sue.
Uninsured and Underinsured Motorist Coverage
The insurance industry has come up with a way to address this problem. Known as uninsured and underinsured motorist coverages, you can purchase these insurance add-ons to protect yourself should you be involved in an accident with an uninsured or underinsured motorist.
If you carry uninsured and underinsured motorist coverage, your insurance company will pay your claim for these types of accidents. If you don’t carry this coverage, you risk not being able to file a claim to recover your damages from an uninsured driver.
Your Options
In the end, you have a couple of options when it comes to an accident with an uninsured or underinsured driver.
First, you can claim using your uninsured/underinsured motorist coverage if you have purchased this type of insurance.
Second, you can sue the other driver using a personal injury lawsuit. If you do not have uninsured/underinsured motorist coverage, this may be your only option. But is it worth suing an uninsured driver?
Suing Underinsured Motorists
if you don’t have uninsured motorist insurance, and the at-fault driver doesn’t have insurance, you may only have one option: to file a personal injury claim against the driver. If you are struggling to pay for damages, you will have to determine if suing is the right way to go for you. A personal injury attorney may be able to help.
In some cases, it may be worth it to sue but in other cases, such as when the other driver is indigent, it may not be worth your while.
To protect yourself, you should consider carrying uninsured and underinsured motorist coverage. If you want to find out how much this will cost, your best option is to compare rates.
InsuranceWins can help you get uninsured/underinsured motorist coverage at a rate you can afford. By using our quick and easy form, you can shop around and compare personalized auto insurance quotes from companies you know. Then, you can decide if uninsured/underinsured motorist coverage is right for you.