Can You Still Get Compensation If an Uninsured Driver Hits You?
& WHY YOU NEED A LAWYER
Introduction
Being involved in a car accident is stressful enough, but it can become even more complicated when the at-fault driver doesn’t have insurance. If you’re asking yourself, “Can I still get compensation if an uninsured driver hits me?”, the answer is yes, but it may require taking alternative steps to secure the compensation you deserve. Here’s what you need to know about your options after an uninsured driver accident.
What Happens When an Uninsured Driver Hits You?
When an accident occurs, the at-fault driver’s insurance is typically responsible for covering your damages, including medical bills, vehicle repairs, and other losses. But when the at-fault driver is uninsured, you won’t be able to rely on their insurance to cover your expenses. In these cases, it’s important to explore other ways to get compensation.
Uninsured/Underinsured Motorist Coverage
The first option you should explore is your own Uninsured/Underinsured Motorist (UM/UIM) coverage.
If you have this coverage as part of your car insurance policy, it will kick in when the at-fault driver doesn’t have insurance or has too little insurance to cover the full extent of your damages.
UM/UIM coverage can help pay for:
- Medical expenses: If you’ve been injured, this coverage can help cover the cost of emergency treatment, surgeries, physical therapy, and ongoing medical care.
- Lost wages: If your injuries prevent you from working, you may be able to recover the income you’ve lost due to the accident.
- Property damage: Some UM/UIM policies also cover vehicle repairs or replacement costs if your car was damaged in the accident.
If you have UM/UIM coverage, you’ll need to file a claim with your own insurance company. It’s important to review the specifics of your policy, as coverage limits can vary depending on the type of policy you have.
Collision Coverage
If you don’t have UM/UIM coverage but do carry collision coverage, this can also help cover the cost of repairing or replacing your vehicle after an accident with an uninsured driver. Collision coverage is optional in most states, but it can be a valuable form of protection if the other driver is uninsured.
However, collision coverage generally won’t cover medical bills or other non-vehicle-related damages. It’s designed to help you repair your car, regardless of who was at fault.
Personal Injury Protection (PIP) or Medical Payments (MedPay) Coverage
Depending on your state and the type of insurance policy you hold, you may have Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage. These types of coverage can help pay for medical expenses after an accident, regardless of who was at fault.
- PIP: This coverage may also cover additional expenses, such as lost wages or essential services like housekeeping, while you recover from your injuries.
- MedPay: MedPay is a more limited form of coverage that only covers medical bills, but it can still be a helpful resource if you’re injured in an accident caused by an uninsured driver.
Filing a Lawsuit Against the Uninsured Driver
Another option is to file a lawsuit against the uninsured driver to recover your damages. If the driver who hit you doesn’t have insurance, they are still legally responsible for your injuries and property damage. However, this option is often more difficult than it seems.
Many uninsured drivers lack insurance because they may not have the financial means to afford it. This means that even if you win a lawsuit, collecting the full amount of compensation can be challenging if the at-fault driver doesn’t have sufficient assets to pay a judgment. Your personal injury attorney can help you assess whether this is a viable option based on the driver’s circumstances.
Government Programs or Other Assistance
In some states, there may be government assistance programs designed to help victims of uninsured or underinsured drivers recover compensation. These programs vary by state and may provide limited coverage for medical expenses, lost wages, or other damages. Check your state’s specific programs to see if this might be an option for you.
Why You Need a Personal Injury Lawyer
Dealing with an accident caused by an uninsured driver can be frustrating and legally complex. Having an experienced personal injury lawyer on your side can make a significant difference in navigating your options and maximizing your compensation. Here’s how a lawyer can help:
- Evaluate your insurance policies: Your lawyer can help you review your insurance policies to determine which coverages apply and how much compensation you may be entitled to receive.
- Negotiate with your insurance company: Even when you’re dealing with your own insurance, getting a fair payout isn’t always easy. A lawyer will negotiate on your behalf to ensure you receive the maximum compensation available under your policy.
- Pursue legal action: If necessary, your attorney can help you file a lawsuit against the uninsured driver and explore other legal avenues for recovering damages.
Conclusion
If you’re hit by an uninsured driver, it’s still possible to get compensation for your injuries and damages through your own insurance policies or other legal options. Uninsured/Underinsured Motorist coverage, collision coverage, and personal injury protection can all help cover your losses. Consulting with a personal injury attorney can ensure that you take the right steps and get the compensation you deserve after an accident with an uninsured driver.