Can I File a Claim if My Car Accident Was Caused by an Uninsured Driver?

By admin / July 10, 2020

Anytime you are involved in an auto collision, you are entitled to receive compensation for the damages incurred. Whether these damages are literal, in the sense that your personal property was broken or otherwise impacted, or figurative, in the form of physical or psychological injuries, you deserve to experience a full recovery without drawing from your own pocket. The negligent party is responsible for covering these expenses; however, things can get a bit confusing when they happen to be uninsured. The experienced car accident lawyers at Rutter Mills in Virginia have outlined a complete guide to approach the claims process after a collision with an uninsured driver.

Filing a Claim Against an Uninsured Driver

After an uninsured motorist hits you, you must take precautions to ensure that the situation remains as streamlined and transparent as possible. This means that you must document all evidence of the collision so that your expenses will be fully covered. Extensive documentation is a necessity in these circumstances since uninsured motorists know that they are breaking the law. This could lead to them attempting to lie about their presence at the scene or misrepresenting the damages caused.

Make sure all details of the crash are recorded by adhering to the following guidelines.

  1. Call the police. Whether you know the other driver is insured or not, you must acquire third-party legal documentation of the incident by filing a police report. This is of critical importance in crashes involving uninsured motorists, as the report is unbiased and covers all details of the event as thoroughly as possible.
  2. Exchange information with the other driver. It is imperative that you retrieve the information of the uninsured motorist. It will be harder to hold them accountable without an insurance provider, but having their personal information is the first step toward appropriately assigning liability.
  3. Document details of the scene. Write everything down concerning the events that led up to and transpired during the crash. Record any pains or aches you feel, write down the traffic signs and environmental conditions, and collect video and photo evidence of the scene. Ensure that all damages and injuries are reflected in your records.
  4. Do not accept any money. Without insurance, the negligent driver is subject to severe fines. This may lead them to attempt to pay for the damages in cash. Do not accept this, as you have no idea of what your expenses will amount to.

Handling the Incident with Your Insurance Provider

To receive full assistance and compensation with such an incident, you must be covered by an uninsured motorist policy. Under this coverage, your insurance provider will step in and cover your medical and repair expenses, since the negligent party cannot do so. However, if these expenses exceed your policy limits, it can be tricky to proceed in resolving the matter entirely. At this point, your best option would be to file a lawsuit against the uninsured party to retrieve the remaining funds.

In all of this, it would benefit you to have an experienced car accident lawyer by your side. They will assist you in navigating the complexity of enduring a crash with an uninsured motorist, and ensure you receive the precise funding you need to experience the recovery you deserve.


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