A lot of people find themselves asking the question, what can I do if the driver doesn’t have insurance?
We have all made mistakes while driving on the road and sometimes they are less serious, sometimes accidents happen. It’s unfortunate, it’s uncomfortable, and the experience seems to take longer than you’d like. It is important to remember you have options. Firstly, it’s very important you get some information from the other driver. Get their name, their phone number, and exchange insurance. Even though in America it is mandatory to have auto insurance, you might still come across someone who does not. In 2012, 12.6 percent of motorists, or about one in eight drivers, are uninsured, according to a study done in 2014 by The Insurance Research Council (IRC). So in this event, you will still want to get their name and number, and their license plate number too. You might not need it, but it is a good thing to have.
If you get into a car accident, and the other driver does not have insurance, you will most likely have to turn into your own insurance. You will file a claim against your insurer for uninsured motorists. It might come down to the other driver has some insurance but not enough, so your own insurance can help cover the left over amount. (Saying you do have uninsured motorists) There is under insured and uninsured. Usually bundled together, but covering different areas, Uninsured is when the other driver is at fault and this will cover you when they do not have insurance. Under insured kicks in when they do have insurance but not enough to sustain and cover your costs.
If You Don’t Have Uninsured Motorist Coverage
If you do not have uninsured motorists to help cover costs, you do have the option of filing a lawsuit against the other driver. There are a few breakdowns to this. Different states look at accidents and insurance differently. They have been divided and classified at either fault or no fault states. What this means is that no fault states system is intended to lower the cost of auto insurance, as it is mandatory to have across America. They are able to lower the costs by taking small claims out of court. Meaning this takes away your right to sue. Currently the states that fall within this are; 1. Florida 2. Michigan 3. New Jersey 4. New York 5. Pennsylvania 6. Hawaii 7. Kansas 8. Kentucky 9. Massachusetts 10. Minnesota 11. North Dakota 12. Utah Three of these are considered “choice” states, in which you are able to continue filing a suit. Know your state and what they require.
Another important step to take is that you have pictures of the accident. If you have an accident in the middle of the road, before you move your car, take pictures. Take multiple, of your damages, their damages, and where the cars are, as well as the surroundings. This is especially crucial if you need to file a lawsuit. At the court preceding, it will be determined who is at fault for the accident. It’s a good idea to hire a lawyer who can assist in these matters. Someone is knows the system, is familiar and experienced that can speak on your behalf. There is a lot to know, and often times insurance companies can be unpleasant to work with. Trying to handle it yourself might mean you receive less back then what you are entitled. Without knowing all what goes into it, this happens more and more frequently. Let a lawyer help you and work tirelessly for you. You can focus on getting better, and they will focus on getting you everything you are owed.