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Can I Sue an Uninsured Driver for Damages?

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When you’re involved in an accident that another driver caused, you’ll typically file a claim against their insurance provider to get your expenses paid. This way, you can get reimbursed for any money you paid for your medical care and car repairs, or any income you missed out on making at work.

But what happens when the other driver does not have car insurance? Can you initiate a lawsuit against them? The basic answer is yes, but there are some details to consider first. Here are the steps to take to make sure you’re not financially worse off after a car accident that you didn’t cause.

Will My Own Insurance Help Me?

After you find out the at-fault driver does not have insurance, you should contact your own insurance provider to report the crash. When you tell them the other driver is not insured, they may offer you some solutions. First, they will let you know if you have uninsured motorist coverage, which is a common add-on that you might have selected as part of your policy.

If you have uninsured motorist coverage, you’ll make a claim against it to get your accident expenses paid. Just note that you usually have to file a claim for this coverage within 30 days of the crash. Plus, your expenses could easily go over the limit for coverage, leaving you with unpaid medical bills.

There’s also a chance you don’t have uninsured motorist coverage. If this is the case, you may be able to get compensation through other types of coverage, such as collision or medical payments coverage. This will get you some funds to pay for car repairs and medical care. Your insurance company representative will let you know what’s available.

Should I Sue?

There’s always the option of bringing a lawsuit against the at-fault driver. Just keep in mind that it’s not always worth the effort, since most drivers who don’t have car insurance also don’t have much money to spare. So even if you win the lawsuit, you might not see any compensation.

That being said, some uninsured drivers could have assets that the judge could put a lien on. So, the at-fault driver might not have disposable income right now, but they might own a house. If so, a lien would ensure they have to send you payment when they sell it, giving you a chance to get what you’re owed.

How Can a Lawyer Help Me?

Clearly, you have the option of suing the at-fault driver, which means you’ll need to talk to a personal injury lawyer after the accident. Your lawyer will look at the at-fault driver’s finances to determine if it’s worth it to sue.

If it is, your attorney will begin preparing your case so you can get one step closer to getting the compensation you deserve. If you want to learn more about how a lawyer will help you, contact our law firm at (713) 489-4270.

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