When you are involved in a collision with a driver who does not have car insurance, you may be able to file a claim with your insurance company or file a civil lawsuit against them. Your options will vary based on state insurance laws and the specific details of your case.
Having an experienced car accident attorney working for you allows you to explore your legal options in detail and pursue appropriate compensation.
Fault Insurance Vs. No-Fault Insurance
Even though the driver who hit you does not have auto insurance in place, you can still recover your damages through an insurance claim, depending on the specific details of your case.
Every state has different fault laws designed to handle how insurance claims work. Here is more about what it means to live in a fault or no-fault state:
Fault Insurance
When you live in a fault state for auto insurance, you file a claim with the liable party’s auto insurer. However, when an uninsured driver hits you, you do not have the opportunity to file a claim with their insurance company, as they lack the required insurance coverage.
Fortunately, you may still have the chance to seek justice by filing a civil lawsuit against the uninsured driver. When you file a car accident lawsuit, you can still bring the uninsured driver to justice and recover all your damages.
No-Fault Insurance
When you live in a no-fault state, for insurance purposes, you generally must carry personal injury protection (PIP) coverage. This coverage covers specific types and amounts of damages based on your policy.
If you carry PIP insurance, your insurance company covers certain damages without regard to who caused the accident. Even if you live in a no-fault state, you still have the option to pursue a lawsuit against the liable driver. This allows you to pursue all of your accident-related damages.
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How Settlements Are Paid Out After an Uninsured Driver Car Accident
Filing a claim with the insurance company is one way to recover damages after a collision. However, your insurance settlement may not cover your losses in full.
Insurance policies only cover specific types of damages. They only pay out up to the highest amount of coverage you purchased. The damages you could recover through an insurance claim include:
- Medical costs
- Lost income
- Property damage
Medical Expenses
Covering your medical expenses will be a priority, as they can become expensive quickly. After a car accident with an uninsured driver, the last thing you need is to be settled down by tens or hundreds of thousands of dollars in medical debt caused by someone else’s negligence.
The insurance company will cover the maximum amount of no-fault insurance coverage you purchased. The types of medical costs covered could include:
- Costs of reconstructive surgery
- Co-pays
- Transportation expenses
- Diagnostic testing
- Your hospital stay
- The cost of an ambulance
- Prescription medications
- Therapy and rehabilitation
- Future medical expenses
Property Damages
Your insurance claim may also cover the cost of property damages. The parts and labor required to repair your vehicle, the diminished value of your vehicle, and even the cost of purchasing a new car could be covered by your insurance policy.
However, remember, your property damages may not be covered in full, as many policyholders only purchased the minimum required insurance.
What Happens When Car Accident Insurance Settlements Are Insufficient?
In some cases, your insurance settlement will not cover all your accident-related losses. Unfortunately, since the driver who hit you does not have insurance coverage, you can’t turn to their insurer for all the funds you need. You may decide to file a lawsuit against the at-fault driver to seek compensation.
Our car accident lawyer can handle all the details of your lawsuit. We will complete any paperwork, answer your legal questions, speak with all involved parties, and make you aware of the lawsuit filing deadlines in your state.
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Contact Our Car Accident Team for Help Today
When the driver who hit you does not have insurance, that does not mean you cannot hold them accountable and recover your losses. Whether you need to file a claim against your insurance policy or move forward with a lawsuit against the liable party, you can make sure you seek fair restitution.
Call our car accident team at Jenner Law to discuss your legal options and have your questions answered. Our firm proudly offers free consultations to car accident survivors. Claim yours by reaching out to our team today.