Many car accident victims assume that it’s never worth their while to sue an at-fault but uninsured driver. But that’s not always a safe assumption. An uninsured driver may have assets to cover an injured crash victim’s losses. And other parties may also have liability for the harm the accident caused.
If you sustained injuries in a crash an uninsured driver caused, contact an experienced Cape Girardeau car accident attorney immediately. A lawyer can take the necessary steps to secure your rightful payment from multiple individuals, businesses, or entities.
Uninsured Driver Accidents Happen Frequently
In most states (including Missouri), drivers must carry auto accident liability insurance to cover damages they cause in an accident. But according to the Insurance Information Institute (III), around 12.6 percent of drivers nationally, or one in eight, do not carry liability insurance. In Missouri, III estimates that uninsured drivers are even more numerous—16.4 percent, or about one in six drivers.
No matter where you live, you face a considerable risk of getting into an accident with an at-fault driver who does not carry insurance to cover your losses.
What Makes Suing an Uninsured Driver Worthwhile?
In general, car accident victims have the right to receive compensation from an at-fault driver for the harm they’ve suffered.
Through a lawsuit or insurance claim filed by an experienced attorney, crash victims can usually seek payment for their:
- Medical expenses in treating an injury or related health complications
- Costs of repairing or replacing a damaged vehicle or other personal property
- Other expenses resulting from an accident or injuries it caused
- Past and future loss of income or job benefits when injuries prevent the victim from working
- Physical pain and emotional suffering
- Diminished quality of life
- Difficulties caused by scarring, disfigurement, or loss of bodily function
In addition, the law may entitle crash victims to receive punitive damages or other forms of compensation. The amount a victim can hope to receive will depend on diverse factors like the strength of the evidence, the skill of the victim’s lawyer, and (critically) the financial resources the at-fault driver has available to cover the victim’s losses.
An at-fault driver who does not carry mandatory auto liability insurance may lack the financial resources to pay monetary damages to the victim. For example, that’s frequently the case when the driver cannot afford to purchase insurance. Suing an uninsured driver who doesn’t have enough money to pay a claim may not be worthwhile.
But, some drivers who fail to carry insurance have substantial personal assets to pay a claim. Certain states (although not Missouri) even permit drivers to forego purchasing insurance if they can prove they have enough money to pay a crash victim’s claim out-of-pocket. For that reason, it can be worthwhile to sue the uninsured driver for damages in some cases.
The most reliable way to find out if the uninsured driver in your accident has assets sufficient to pay your damages is to consult with an experienced car accident attorney immediately. The sooner you connect with a skilled lawyer, the better your chances of securing payment from an uninsured, at-fault driver.
Other Potential Sources of Payment For an Uninsured Driver Accident
Even if an uninsured driver cannot pay your damages, you may have other options for getting the compensation you deserve. A knowledgeable lawyer can evaluate your situation and determine quickly whether you have other avenues for securing payment for your losses.
Parties Other Than the Driver May Have Liability for Your Losses
Sometimes, a lawyer may identify other parties who bear some or all of the liability for your losses. Here are some common alternative sources of payment in an uninsured driver accident case.
The Driver’s Employer
An at-fault driver’s employer can have liability for a crash involving a work vehicle or that occurred in the course of the driver’s work duties. Employers generally must answer for the negligent actions of their employees. They also must train and supervise their employees properly and ensure the safe condition of a work vehicle.
The Vehicle Owner
In some states, if the at-fault driver crashed a borrowed vehicle, the owner and owner’s insurance will have liability to the injured victim. A vehicle owner may also face liability in cases where the vehicle’s poor condition contributed to the accident.
A Vehicle Manufacturer
Many vehicle defects have the potential to cause an accident. For example, tire blowouts, engine or steering problems, and brake issues can all substantially increase the risk of a crash. The manufacturer of any defective vehicle involved in an accident may face liability to injured victims.
A Government Entity or Private Road Owner
Some accidents happen because of unreasonably dangerous road conditions that public or private entities should have prevented or warned drivers about. In those cases, government agencies or private road owners may face liability to injured crash victims.
Your Insurance May Cover Some of Your Losses
You may carry several forms of insurance that cover losses you suffered in an uninsured driver accident. Below we review some common forms of insurance that serve that purpose. Ask an experienced car accident lawyer to review your insurance coverages to determine whether you can use them to pay your expenses and recover compensation.
Uninsured Motorist Coverage
Uninsured motorist (or U/M) coverage pays essentially the same compensation for your losses that an at-fault driver’s liability insurance would pay if the driver were insured, up to a maximum coverage limit. Some states, including Missouri, require you to carry U/M coverage. Other states make U/M coverage optional.
Securing compensation from your U/M coverage involves proving to your insurer that the other driver caused the accident and did not carry insurance. A skilled attorney can handle that process for you to ensure your insurance company pays what it owes.
PIP/MedPay Coverage
Personal Injury Protection (PIP) coverage and Medical Payments (MedPay) coverage pay for losses you suffer in an accident, regardless of who was at fault, up to a maximum coverage limit. PIP covers medical expenses and lost income due to a disability. MedPay covers medical expenses only. Some states require you to carry PIP coverage. Other states, including Missouri, make it optional.
You can usually tap your PIP or MedPay coverage immediately after an accident to pay covered expenses without waiting to determine whether the other driver has insurance. PIP and MedPay generally serve as primary insurance for paying medical expenses after a crash, which means they pay for your care before any other coverage you carry kicks in. Speak with an experienced car accident attorney to evaluate the scope of your PIP or MedPay coverage and facilitate payments by your insurer.
Health Insurance
Health insurance may also cover some of your medical expenses after an uninsured driver accident, subject to your policy’s copayments, deductibles, and coverage limits. If you also carry PIP or MedPay coverage, your health insurance will usually serve as secondary coverage that kicks in only after your expenses exceed your PIP/MedPay policy limits.
Like PIP and MedPay, you can usually tap your health insurance immediately without waiting to find out if the at-fault driver carried insurance. Connect with a car accident lawyer immediately to ensure you receive full benefits, especially if your health insurer gives you a hard time about paying for necessary medical expenses.
Collision Coverage
Collision coverage pays for damage to your vehicle in an accident, regardless of fault, up to a maximum policy amount. It typically covers the same expenses for repairing or replacing a car that the at-fault driver’s liability insurance would pay if the driver were insured. Auto insurers are notorious for playing games with the damaged vehicle’s value to avoid paying what they owe. Talk to a lawyer immediately to ensure your auto insurer treats you fairly when paying for collision damage.
Don’t Worry About the Cost of a Lawyer
Crash victims may worry about their finances after an accident an uninsured driver caused. But they don’t need to worry about paying for a lawyer. That’s because car accident lawyers routinely represent crash victims on a contingent fee basis. They don’t charge upfront fees or hourly rates. Instead, they work in exchange for a portion of the money they secure for the victim’s losses. They only get paid, in other words, if they get results.
Attorneys work on contingency because they know an uninsured driver accident can cause financial strain. Contingent fees enable them to offer their services to anyone who needs legal help. So don’t let your money worries keep you from contacting a skilled lawyer. The sooner you have an attorney in your corner, the better your chances of receiving the compensation you need to pay your bills and move forward with your life.
What to Do After an Accident With an Uninsured Driver
If you suffer injuries in an accident with an uninsured driver, connect with a lawyer as soon as possible to learn about your rights and options. A skilled lawyer can handle every step in getting you compensation for your losses, freeing you to focus your time and energy on healing.
In addition to calling a lawyer, following these tips can also help to protect your rights and preserve the value of your claim.
Seek Medical Attention and Follow Your Doctor’s Instructions
Always seek immediate medical attention after any accident, even if you think the at-fault driver was uninsured. Your health should always take priority. If you put off treatment you could end up making your condition worse. Plus, the sooner you seek medical care for your injuries, the better the odds of obtaining compensation because your treatment records help establish when and how they occurred.
Follow your doctor’s instructions carefully as you recover from your injuries. For example, you may need to avoid certain activities, attend follow-up appointments, or do physical therapy. Doing what your doctor tells you maximizes your chances of making a full physical recovery. It also improves your odds of a full financial recovery by demonstrating that you took every reasonable step to care for yourself.
Let Your Lawyer Handle Insurance Issues for You
Don’t assume your insurance company will look out for your interests after an accident. Insurers — even yours — try to find any reason to justify paying less than what they owe for covered losses. They frequently engage in tactics designed to undermine the value of your claim, such as pressuring you to give a recorded interview in which they ask you loaded questions designed to trip you up. They also make quick, lowball settlement offers, hoping you’ll accept less than what you deserve before you’ve hired a lawyer and learned about your rights.
The most reliable way to avoid being taken advantage of by an insurance company is to hire an experienced lawyer immediately after your accident. Attorneys know how to force insurers to pay in full for your covered losses. They can also protect you from falling victim to insurance tactics.
Track Your Expenses
Keep track of everything you spend or receive a bill for related to your car accident, particularly expenses related to your medical care. Receipts, invoices, and other documentation of the financial impact of your accident can serve as critical evidence to support your claim. Save these documents and give them to your lawyer to review.
Contact a Lawyer to Handle Your Uninsured Motorist Claim
Cape Girardeau Personal Injury Attorney, Phillip J. Barkett
Don’t give up hope of compensation after getting hurt in an accident caused by an uninsured driver. You may still have numerous options for getting the money you need to cover your losses. To learn more about your rights, contact an experienced personal injury lawyer in Missouri today for your free consultation.