Accidents happen on the roads and in traffic so frequently that it has become an annual billion-dollar issue in the United States. Sometimes, the drivers causing these severe accidents may not have insurance. There are often only two options for dealing with these people during an accident.
You can sue the operator of uninsured vehicles for damages if the vehicle is damaged or someone is injured. You can also file a claim under the victim’s uninsured motorist benefit. To determine the best route, it is better to consult a lawyer.
Suits Against An Uninsured Driver
Although it is possible to sue someone without insurance, this is not the best option. A person who doesn’t have car insurance is most likely not able to pay for medical treatment or property damage. These people are usually not eligible for much compensation due to the fact that they have very few assets. Because of the small income these people may have, even if a court awards monetary damages, it is possible to obtain very little or no compensation.
A court order can be used to forcibly pay compensation to victims who lose a case. The courts recognize that a person can’t be forced to pay for something he or she doesn’t have. This means someone that is incapable of paying what is owed, the court system may not demand that the person does so — the victim may be entitled to a payment plan instead. This is done by the losing party calling the courts and setting up a payment plan. Generally, these are usually weekly payments that are given to the victim, which it may not be much. This may result in very small payments, which are often not sufficient to cover the costs of a lawyer or for the victim.
Uninsured Has Money
Although many lawsuits against people without insurance result in very little or no compensation, there are some instances when the plaintiff actually has money. A personal injury lawyer will be more likely to accept a case if it becomes clear that the uninsured person has money. It must be possible to prove that assets exist. A credit and asset check will usually be done on the driver who caused the accident. A lawyer will be able to help if the check returns positive evidence of monetary assets. The legal representation will often file a lien against the property of the defendant to prevent them from moving the assets. This means that the assets, money or property cannot be concealed or moved during litigation events.
Claim for Uninsured Driver
The better route to take when injured in a collision with an uninsured driver is to file a claim of uninsured driver with that driver’s insurance company. This is the insurance he or she possesses for his or her own car. Due to the strict deadlines set by the insurance company, it is crucial to file these claims quickly. Even if the other driver refuses to give any details about his or her policy or explains that he or she doesn’t have insurance, this should still be done. To avoid losing your money, the uninsured motorist claim should be filed immediately.
The victim’s car insurance company is the defendant in the claim, but the process is the same as for any other car accident claim. An important distinction is that there is no option to file a suit against the company if a settlement amount cannot be agreed upon. Instead, there is an option for binding arbitration. This is a formal procedure that is not available in litigation cases. If there is no agreement, the hearing ends with an arbitrator making the final decision. If the loser does not like the decision, there are very few appeal rights. The conclusion is usually binding on the losing side.
Contacting Legal Support
When deciding to sue the responsible party for damages, it can be difficult to obtain a lawyer unless there is a confirmation of monetary assets. A lawyer might be able to help with the filing of a claim for uninsured motor driver policies. Although this is purely for informational purposes, it is essential to understand how the process works and what each step entails.