If you’re a driver, chances are you’ll get involved in an accident at some point. Having car insurance makes things a little easier, but, unfortunately, a surprising number of drivers are faced with accidents when the other person doesn’t have insurance coverage. You could also be the victim of a hit and run where you don’t get their insurance information. In other cases, the other driver may not have adequate insurance coverage given the situation. What can you do if the other driver doesn’t have insurance?
Call the Police
You should contact the police after any major wreck. Always call the police if you think you’ve been in an accident with an uninsured driver. The police will create the legal documentation proving the other person failed to maintain auto and yet were driving their vehicle. Only the police can arrest someone for other illegal activities like drunk driving. The police report will go a long way towards proving who must assess the claim.
Report It to Your Insurance Company
If you have uninsured motorist insurance, this policy can cover your losses even if the other driver cannot. Unfortunately, UIM insurance is only required in some states. You may have to request it as an additional rider on your car policy. Under-insured motorist coverage is another type of insurance that isn’t required in all states but can be requested as an additional rider on your policy. Note that this policy must be in effect prior to the accident.
You should still report the accident to the insurer if you don’t have these types of insurance coverage, since your existing policy may cover the damages. For example, collision insurance will pay for car accidents after incidents like a hit and run, though it doesn’t pay anything towards your medical bills.
In many states, you’re required to notify your insurance company of the accident whether or not you’re at fault. In states like New York, you’re required to recover benefits from your own policy before you can file a suit against the other person for any outstanding damages. You may want to contact your auto insurer even if you don’t want to sue the other party so that you can get their advice for any services you have access to like roadside assistance. Then they may pay for a tow truck to take the car to the shop.
File a Lawsuit
Your ability to do this depends on whether you live in a no-fault vs a fault state. In a no-fault auto insurance state, you may not be allowed to file a lawsuit. This is because the laws in these states leave each driver’s insurance responsible for the damages. Exceptions exist, such as when you suffered serious medical bills above a set limit, and your chances of getting proper compensation will largely depend on how good your auto accident lawyer is. In every other state, you can file a lawsuit to cover your damages with no issues.
5% to 10% of drivers are uninsured, and it’s unclear how many drivers are under-insured. This means there is a fair chance that anyone who hits you lacks the proper insurance, so know your options before you deal with an uninsured driver. Want to see more about custom cars? Check out our Feature Vehicles
