Every state in the US requires that drivers carry minimal insurance protections. Most states require drivers to carry some kind of liability insurance and medical insurance, so they can pay if they are sued after causing an accident.
However, not everyone that actually drives has liability insurance. So, if you are injured in a car accident and the driver does not have liability insurance, what do you do?
How to Deal With Uninsured Drivers
if you are injured in an accident that is caused by an uninsured driver, then there are usually 2 options to take. You can either sue the uninsured driver and your own uninsured motorist coverage provider or you can pursue recovery directly from the uninsured motorist coverage.
Sue the Driver
If you opt to sue the uninsured vehicle operator, then you will likely not be able to get the full amount that you want. Personal injury suits can be very expensive and the person who caused the accident probably does not have enough money to compensate you entirely out of pocket.
Even if the driver is determined to be responsible, the payout will likely be small. Compensation is essentially limited to how much that person owns, which in some cases can be very little. The main problem is that the court cannot demand that the person pay what they do not have.
In some cases, the court will establish a payment schedule so that the victim is at least guaranteed some kind of payment. With a payment plan, the losing party will have to make regular payments to the victim, usually on a weekly basis. Most of the time, payment plans payout very little money.
If it turns out that the losing party has no insurance but a substantial amount of money, the after fault has been proven and finances have been determined, your lawyers can file a lien against that property to freeze the assets. This asset freeze will continue until the case is complete.
Uninsured Driver Claim
The second option is for the victim to file an uninsured motorist claim with their own insurance policy. This claim is filed with the insurance company that the victim has. Uninsured driver claims need to be made very quickly after an accident has occurred.
Since an uninsured motorist claim is with your own car insurance company, the process goes along much like a normal car insurance claim. The main difference is that you have much fewer options when the company is determining the payout.
Recently injured in a car accident and sorting through what to do about your personal injury case? Contact the Indianapolis Car Accident Lawyers at Hurst Limontes LLC today for a free consultation!