Facing a car accident can be a terrible experience. What may make matters worse is to discover that the at fault driver who hit you was uninsured. As a driver who is facing injuries and subsequent losses, you may feel as though there will be no recourse for the person who should be held responsible. Is it even possible to pursue an accident claim if the at fault driver was uninsured? Depending upon where you live, you may have the opportunity to access your own insurance policy and take legal action against the party responsible for the accident. A car accident lawyer can guide you through the following, necessary steps to assist with your case:
Step 1: Speak with a Car Accident Lawyer
Navigating a car accident case can be especially challenging if you were hit by an at fault driver. However, this does not mean that all is lost. Depending upon whether you live in a no fault state or not, the process may look a bit different. If the driver who hit you did not have insurance, you may be confused as to how best to proceed. Working with a car accident lawyer has the ability to help you in taking action and gathering the necessary evidence for your car accident case.
Step 2: Determine if the Driver was At Fault
Before filing a claim or lawsuit against a driver, you will first need to determine whether the driver was at fault for the accident. This will be key to any successful accident claim. Your attorney will gather evidence to help support your claim. While in some cases, the driver may actually admit that they are at fault; many situations may require that you gather more evidence to prove your case. One of the most compelling pieces of evidence to prove that a driver was responsible for the accident, is the police report that was generated at the scene. A police report will outline the details surrounding the accident, whether any traffic laws were violated, and may even identify which party was at fault for the accident.
Step 3: Determine if You Live in a No Fault State
When an uninsured driver is responsible, next steps will rely upon whether you live in a no fault state. In no fault states, an insured driver may carry insurance protection called personal injury protection (PIP). This means that you will have the ability to go through your own insurance company to obtain compensation for medical costs, property damage and rehabilitation. However, it’s important to be aware that you will not be able to pursue damages for pain and suffering. There are 12 no fault states throughout the country. Working with a lawyer may be crucial as it’s important to note that in some situations you may have the ability to take legal action. Your lawyer will be able to review the laws in your specific case to determine the best way to proceed. Other states, are considered tort states, meaning that an accident victim may be able to pursue compensation from the at fault driver. However, it’s important to be aware that a driver without insurance will be required to compensate the accident victim out of their own pocket. If an at fault driver is unable to pay, the consequences they face may be significant.
Have you been hit by an uninsured driver? Cases like these are not always as straightforward as they may seem. This is a primary reason it’s vital that you contact a car accident lawyer for the guidance you need in resolving such complex matters. Car accident claims can be complicated, especially when faced with an uninsured driver. Contact a car accident lawyer today to assist you in walking you through the necessary steps towards reaching a resolution to your accident case.