Car accidents are inevitable. No matter how careful a driver you are or how well-maintained your vehicle is, there is always a possibility that you can be involved in a car crash. Unfortunately, not all drivers on the road have car insurance, which can create a lot of headaches for those who are involved in an accident with them. If you find yourself in this situation, here’s what you need to know before filing a lawsuit.
In some states, driving without insurance is illegal. This is called “uninsured driving,” and it is considered a criminal offense. However, not all states have this law, and in those that do, it can be challenging to enforce it. In any case, if you are involved in an accident with an uninsured driver, the first thing you should do is call the police. They will determine who is at fault and create a report that you can use later in your case.
If the other driver is at fault and doesn’t have insurance, you may want to file a lawsuit against them to recover damages. However, you should know that this can be a difficult task. Typically, uninsured drivers don’t have a lot of assets that can be used to pay for damages if they lose the case. Therefore, you may end up spending more time and money on legal fees and court costs than you will be able to recover from the other driver.
The best thing to do is to contact your own insurance company. In most cases, if you have uninsured or underinsured motorist coverage, your insurance company will pay for damages that the other driver is not able to cover. This type of coverage is optional, so it’s crucial to check your policy to see if it is included. If you don’t have this coverage, you may want to consider adding it to your policy for future protection.
If you do decide to file a lawsuit against the other driver, you will need to demonstrate that they were negligent in some way. This may include proving that they were driving under the influence, texting while driving, or breaking other traffic laws. You will also need to prove that their negligence caused your injuries and that you suffered damages as a result.
In conclusion, being involved in a car accident with an uninsured driver can be a frustrating and challenging experience. But, by knowing your options and taking the right steps, you can protect yourself and recover damages. Always call the police and your insurance company first, and if you decide to file a lawsuit, be prepared to prove that the other driver was at fault and that you suffered damages as a result. By doing so, you can ensure that you get the compensation you need to recover and move forward.