Car accidents without insurance
In today’s guidelines and advice, I thought I would answer one of the most common questions asked by many people that come through our doors. What happens when you have a car accident with a driver who lacks insurance? Sadly, it’s still all too common theses days. And, it would appear that many drivers without insurance tend to be less responsible on the roads. Here’s what you need to look out for if the same situation arises for you.
The problem with uninsured drivers
First of all, the biggest issue with being hit by someone with no insurance is that they may not have any money, either. Even if you can prove the accident is their fault, it is doubtful that a personal injury attorney would advise you to sue the other party. The simple fact is it would be a waste of your time, and you will be better off making a claim to your uninsured motorist coverage.
The problem with underinsured drivers
There is another common problem to watch out for, too. From my years of experience as a San Antonio car wreck lawyer, I see a lot of people out there who don’t have enough coverage on their insurance plans. And, if one of these people hits your car and is proven to be responsible, it can muddy the waters again. It all depends on the other party’s policy limits. Let’s say your claim is worth $50,000, but the other party only has $40,000 of cover. You would have to get the full amount from the negligent driver, and the extra $10,000 from your policy. Good car accident lawyers will be able to tell you the best course of action for your particular situation.
What to do if it happens to you
As soon as you realize your car has been hit by a driver with no insurance, I recommend getting in touch with a local auto accident lawyer in San Antonio. In my experience, the quicker you get things started, the better and faster you will resolve your issues. Many insurance plans have tight deadlines, and you have to act quickly when the other party has no cover. It might only be 30 days - so it is vital to move with speed.
Of course, if the other party doesn’t have enough coverage, you won’t know until later on in the process. You will have to wait until your medical treatment starts and progress, and your attorney will work with you to evaluate your case.
Let’s say you are in an accident with a business van or truck. As a commercial vehicle accident lawyer, I would try and find out whether your case is worth more than their insurance. As soon as I realize the problem, I will get you to tell your insurance company that you intend to make a claim. Once these details are out in the open, the case will progress as any other. As a truck wreck lawyer, for example, I will inspect the evidence and take part in the pretrial investigation. Both sides will look at medical records, witness statements, and everything else about the case. Your trucking accident lawyer will have to agree with the other party’s representatives on a figure. It is a vital part of the process, as, without the agreement, you cannot file a lawsuit.
In this case, you will need to submit a claim to binding arbitration. An arbitrating panel will look at the case in depth, and make the decision. With a good car accident lawyer at your side, you should have all the evidence you need.
No matter what the situation, the longer you wait, the harder the process becomes. Contact us today for a free consultation and we'll talk about all the options available to you. We fight for compensation for all of our clients!