As a responsible driver yourself, you may naturally assume that everyone else on the road has insurance coverage to handle accidents just like you do. However, the Insurance Research Council reports that about one in eight drivers actually does not have any auto insurance at all.
Here are some tips for what to do in a car accident no insurance situation and how to file a lawsuit against the uninsured driver.
Difference Between Uninsured and Underinsured Motorist Coverage
On your own auto insurance policy, it is important to have both uninsured and underinsured motorist coverage. These types of insurance may come together as part a package in policies. Uninsured coverage provides protection if the at-fault driver does not carry any liability insurance.
Meanwhile, underinsured coverage protects you if that driver does have insurance but his or her liability limits are not high enough to cover the damages. This latter type of insurance is useful because it can pay the remainder of damages after the at-fault driver’s insurance pays up to the policy limits.
How to Handle an Uninsured Driver Accident Situation
As with any auto accident, try to stay as calm as possible when you get out of your vehicle to assess the damage and have a conversation with the person who hit you. Call the police to report the accident because a police report will help move the uninsured driver claim along in the process.
Resist the temptation to accept cash from the uninsured driver to settle the matter outside the system because you have no way of knowing what your damages are worth yet. Write down the other driver’s contact information and vehicle information for later use, and take notes and photos to document the situation. Then as soon as possible, seek medical attention for your injuries.
How to File a Lawsuit Against an Uninsured Driver
Filing a lawsuit against an uninsured driver can be a challenge in no-fault car insurance states, such as New York. This is why you need a trusted New York auto accident attorney to help you get what you deserve following one of these accidents.
To pursue an uninsured driver lawsuit, you must be able to prove that the other driver was at fault for the accident and then successfully collect money or assets from that driver following a judgment in your favor. Collecting from an uninsured driver can be an uphill battle but may be worth the effort if that driver has substantial assets.
How Attorney Jeffrey Kestenbaum Can Help
If you or someone you love has been involved in a car accident in which the other driver has no insurance, the Law Office of Jeffrey Kestenbaum can help. We are experienced with these types of complex cases in New York and know what it takes to successfully pursue one on a client’s behalf.
Please contact us via online form or by phone at 718-237-5586 to discuss your case before your statute of limitations to file a claim runs out.
