If you are confused, is Suing an Uninsured Driver worth it? Or worried about how to recover your damages. You’re going to be answered in this post.
Suing an underinsured driver can be a tough ask. But still, you may be able to sue the uninsured driver. However, there can be other ways to get compensation for damages.
Before deciding to sue, you should discuss the case with a car accident lawyer. Many law firms offer free consultation on the case. Before using the driver, you can consider other ways to recover your loss. Let’s discuss this in detail.
Before Suing an Uninsured Driver, Consider Uninsured Motorist Coverage
This coverage is included in insurance policies sometimes. in New York, it’s under law. If an uninsured or underinsured driver causes injuries to you. Your damages would be covered under your own policy.
Your compensation can be covered if you’re.
- Have insurance including “Uninsured Motorist Coverage”
- Be settled in a house with a relative having this coverage.
Before suing an uninsured driver. Check your insurance policy, if you have uninsured/underinsured motorist coverage. This coverage may provide compensation for your injuries and damages.
This can be a better option than suing an underinsured driver. Sadly, people pay heavy premiums but this coverage is overlooked commonly. But it can be handy on rainy days.
This coverage can provide an extra layer of safety. Even a minimum coverage will be enough for injuries.
Personal Injury Protection (PIP)
This coverage provides payment for injuries. Regardless who is at fault? It can save you from the ache of suing an uninsured driver. Plus, PIP coverage is linked to automobiles.
Coverage of PIP:
- Medical bills
- Lost wages
- Funeral expenses
- Essential services
- Intentional or injuries resulting from high-risk activities
It can help cover immediate medical expenses. And reduce the need to sue an uninsured driver. Especially in states with no-fault insurance systems.
Informing the insurance company
If your insurance policy includes PIP or UMC. Your first step has to be to inform the insurance company. Because Insurance companies have time limits. If you will be unable to notify them in time. Your claim will be canceled.
Therefore, you should not go into details on the first call. instead, you should just inform them. Insurance companies always try to pay less or no amount.
Furthermore, the victim should try to consult an attorney. To avoid any hurdle in his claim. Including to inform the insurance company.
Want to know about suing an uninsured driver?
Undoubtedly, you have the right to sue an uninsured driver. As he has caused injuries to you. But it can’t be in your best interest. Before suing an uninsured driver, you should think of some reasons. Why it’s not the best idea. These are the reasons.
Police can be unable to Identify the driver
In case, you’re a victim of hit and run case. If this is the case, police might not be able to find the culprit. There will be no one to sue. And difficult for the case to move forward.
Your case could be different if you know the registration number of the vehicle. Or the vehicle is on camera. If this is the case, you should consult a lawyer.
other party may not be able to bear the costs
Moreover, it’s possible the other party does not have payment to pay. So, using an uninsured driver would be worthless. As they were driving without basic insurance. If he had the money, he must have bought insurance. Hence, we have to check his background.
Ultimately, if you win the lawsuit. Consequently, you will get the right of judgment. The right of judgment is basically demanding money from the other party. If the other party doesn’t pay willingly. His assets will pay for it.
If this person doesn’t have assets. Unquestionably, this judgment will be of no use. Just a random piece of paper. Which has no worth.
Unfortunately, in most cases, a person has no assets. Obviously, that’s what we can expect from a person who is driving without insurance. Or, minimal insurance. Which can’t cover your Damages.
Hence, this will be a complete blunder as you have invested your money in a lawsuit. And your fair effort and time. And got nothing in return.
In Conclusion, Suing an uninsured driver can be a gamble
I am saying this as if the case doesn’t go in your favor. What if you invest your time and effort in it but get nothing? So, we will suggest you only file the case if you have something in your hand.
In both cases, if it’s a hit-and-run case. You must have his vehicle registration number. Or some video or picture proof of that. The other case is the worst. You have to know his background details. And property details. otherwise, it’s a gamble.
Frequently Asked Questions – Suing an Uninsured Driver for Damages? Things to Know Before
What is uninsured motorist coverage? what is its benefit?
Uninsured motorist coverage is an optional type of insurance that protects you. Hence, if you are in an accident with an uninsured driver. This coverage helps pay for your medical expenses, lost wages, and other damages. Moreover, it’s important to have this coverage. To ensure that you are financially protected if you get into an accident with an uninsured driver.
What are the steps involved in suing an uninsured driver?
The steps in suing an uninsured driver for damages, usually include gathering evidence, filing a lawsuit, and serving the driver with the legal documents. And attending court hearings, and seeking a judgment. So, It is recommended to seek legal representation to navigate the legal process effectively.
Can I recover my medical expenses from an uninsured driver?
Recovering medical expenses from an uninsured driver can be challenging. If you have uninsured motorist coverage or health insurance. these policies may help cover your medical expenses. Alternatively, you can include your medical expenses as part of your lawsuit.