When you’ve been injured in a car accident caused by an uninsured driver, understanding your options and acting quickly is essential. Utilizing your insurance, seeking legal advice, and exploring all avenues for compensation can help you recover damages and navigate the challenges of the situation effectively.
If you’re injured in an accident that wasn’t your fault and the other driver doesn’t have insurance, a car accident lawyer can help you recover damages under your own policy. Your uninsured motorist policy does not raise your rates, and you should take advantage of it because it could be your only remedy to obtain compensation for the accident and the injuries that you’ve suffered.
Shapiro, Washburn & Sharp only practices personal injury law, and we only represent victims. Our clients pay no hourly or upfront fees, and we provide free consultations. Our firm does not accept every case, but when your case is accepted, you can rest assured you will get a rock-solid personal injury lawyer fighting for you to maximize your recovery. Call us today at 833-997-1774 for a free case evaluation.
What Are Your Immediate Steps After an Accident with an Uninsured Driver?
If you are involved in a car accident caused by an uninsured driver, the first steps you take are critical for protecting your rights and securing compensation. Start by ensuring everyone’s safety and calling 911 to report the accident. Police reports are vital for documenting the incident, especially if the other driver lacks insurance.
Gather as much evidence as possible at the scene, including photos of the damage, contact information of witnesses, and details of the uninsured driver. Avoid discussing fault with the other party or accepting cash offers to avoid involving insurance. Once you leave the scene, notify your insurance company immediately to start the claims process.
Can You Use Your Insurance to Cover Damages from an Uninsured Driver?
If you have specific coverage, your insurance policy can help cover damages caused by an uninsured driver. In Virginia, drivers are required to carry Uninsured Motorist (UM) Coverage, which is included in most standard auto insurance policies. UM coverage helps pay for medical expenses, lost wages, and property damage when the at-fault driver has no insurance. You may also use your collision coverage to cover vehicle repairs, though a deductible may apply. Reviewing your policy to understand what is covered and working closely with your insurance company to process your claim is essential.
Can You Sue the Uninsured Driver for Damages?
You can file a lawsuit against the uninsured driver to recover damages. However, suing an uninsured driver may not always result in compensation, as they may lack the financial resources to pay for your damages.
Before pursuing legal action, it’s wise to consult a car accident attorney who can evaluate whether the driver has assets that can be used to satisfy a judgment. If they do not, a lawsuit may not be a practical solution.
In some cases, the court may allow garnishment of the driver’s wages or other measures to collect a judgment, but this process can be lengthy and uncertain.
What Happens if You Don’t Have Uninsured Motorist Coverage?
If you don’t have uninsured motorist coverage, your options for recovering damages may be limited. You can attempt to negotiate a settlement directly with the uninsured driver, but this is rarely successful without legal intervention.
Another option is to explore whether the uninsured driver has any secondary insurance policies, such as coverage through their employer if they were driving for work purposes. If your injuries or damages are severe, an attorney can help investigate other avenues of recovery, such as suing a third party who may share liability for the accident.
How Can an Attorney Help in Cases Involving Uninsured Drivers?
An experienced car accident attorney can provide invaluable assistance when dealing with an uninsured driver. They can help you navigate the claims process with your own insurance company, ensuring you receive the full benefits of your coverage.
If legal action is necessary, an attorney can file a lawsuit against the uninsured driver, identify other potentially liable parties, and negotiate settlements on your behalf.
Your attorney can advise you on your rights under state laws, such as Virginia’s requirement for uninsured motorist coverage, and help you explore all possible compensation sources. An attorney’s expertise can make a significant difference in achieving a fair outcome.
What Should I Do If I’ve Been Injured in a Car Accident?
If you’ve been injured due to someone else’s negligence, the first step is to seek medical treatment. Once your immediate needs are addressed, contact an attorney who specializes in car accident cases to discuss your options.
At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims. We understand how to navigate the legal process and work with you to maximize the value of your case. Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.