Were you hit by someone who didn’t have insurance? Being in a car accident is traumatic enough without having to worry about how you will collect compensation from an uninsured driver. But when a driver who doesn’t have insurance causes an accident, he or she doesn’t have an insurance company to pay for the damages to the other driver.
Fortunately, you do have legal options. A car accident lawyer can help you to receive the compensation you deserve.
Is the Other Driver at Fault?
Insured or not, another party must be responsible for your accident for your claim for compensation to be successful. That means that, with the help of your lawyer, you need to prove that the other party’s negligence caused your accident.
The following types of evidence can help prove the other driver was at fault:
- Accident reports
- Witness statements
- Information obtained through depositions
The negligent party could be an individual, business, or government entity. Sometimes, more than one party is found to be at fault.
Filing an Uninsured Driver Claim
Once you’re certain someone else caused your accident, you can contact your insurance company and get help filing an uninsured driver claim. Most insurance policies will have a provision that allows for drivers to collect compensation directly from their own insurance company if the other driver is uninsured.
If you have this provision in your policy but are having a difficult time getting the insurance company to pay, your lawyer can negotiate on your behalf and work to reach a resolution.
Still, even if the insurance company pays, your compensation needs may exceed the limits detailed in your insurance policy.
You Can Seek More Compensation
In addition to filing an uninsured driver claim, you can file a lawsuit against the driver directly, with the help of a lawyer. Filing a lawsuit will allow you to seek compensation for anything not covered under your personal injury protection insurance or your uninsured driver policy. You can ask for compensation for expenses like the following:
- Medical bills
- Physical therapy
- Mental health treatment
- Lost wages
- Pain and suffering
- Reduced quality of life
Collecting Can Be a Challenge
When suing an uninsured motorist, be aware that collecting your compensation could be a challenge. If the driver could not afford car insurance, he or she likely can’t afford to pay you.
In that case, your lawyer may help you file a lien against the uninsured party’s property. A judge could also agree to garnish the driver’s wages.
The process of collecting compensation after a car accident with an uninsured driver can be long and complicated, so settling with your insurance company is often the fastest method.
Contact a Car Accident Lawyer
After you’ve been hit by an uninsured motorist, hiring a lawyer is a wise idea. A Miami uninsured driver car accident lawyer with Lavent Law, P.A. can help you collect compensation from your own insurance company and the driver who caused the crash. To discuss your options in greater detail, call Lavent Law, P.A. at (305) 440-0450 or complete the contact form at the bottom of this page.