What Are Your Options In An Auto Accident Case Against An Uninsured Driver?

Auto accident attorneys almost always prefer to deal with insurance companies when filing claims or pursuing lawsuits. Not all cases work out that way, and there are some scenarios where auto accident lawyers end up facing uninsured or underinsured defendants.

Plaintiffs may have worries about these cases, especially in terms of what their options might be for getting compensation for their injuries. Let's look at some of the choices auto accident injury attorneys may recommend to their clients.

Pursuing Action Against he Defendant

If someone has little or no insurance, that doesn't mean they're not worth suing. Some cases involve what are fundamentally self-insured parties. For example, many huge corporations are self-insured. If you had an accident with a driver from such a business, you might proceed with a claim just like you would with an insurer, except you'll be asking the defendant to pay.

Similarly, suits against uninsured and underinsured drivers aren't automatically doomed to failure. Auto accident attorneys are still allowed to pursue judgments against them. If your case succeeds, the court will order the defendant to pay. They can then make arrangements with you or the court to pay. If they refuse or fail to pay, the court can attach their assets or garnish their wages.

Your Insurance

Lots of insurance policies include coverage for incidents involving underinsured and uninsured motorists. In that scenario, you'd move forward with a claim by filing with your insurance carrier. If your insurer decides against the claim, though, you may end up in the awkward spot of suing your insurance provider.

Another option is to lean on your medical insurance coverage while you see where things go with the accident claim. Be aware, though, that your medical insurance provider will be able to place a lien on any compensation you receive to ensure you pay what they put up for your treatment and recovery.

Find Another Defendant

A less appealing option is trying to identify another defendant. This requires reviewing the details of an incident to determine who else might have been at fault. Obviously, this has better odds in a multi-vehicle incident.

Accept Less

If the other party is underinsured, there may come a point where the simplest solution is to accept a smaller payout. That's especially the case if you've exhausted other options, such as working with your insurer to fill the gap. Also, with some uninsured parties who have no significant assets or income, there comes a point where they are judgment-proof and just can't pay.

418 Words

About Me

Improving Your Life Every Day It isn't always easy to know how to move forward after something happens like a car accident, but the right people can guide you through the process. From talking with you about how you are feeling to helping you to file the appropriate paperwork, accident and personal injury attorneys make it easy to improve your life. If you are struggling after a car incident, don't feel like you are alone. Reach out to professionals to make sense of your financial situation and your vehicle repair. By making the right changes today, you can improve your entire future for the better.



Latest Posts

Why You Might Need a Medical Malpractice Attorney
20 March 2024
Medical malpractice poses a grave concern, potentially leading to dire repercussions for patients and their loved ones. If you believe that you have b

Important Evidence to Gather After a Car Accident
15 January 2024
Getting into a car accident is a distressing experience, and it's easy to feel overwhelmed in the aftermath. However, it's crucial to gather important

Why Having a Personal Injury Attorney Is Critical to Your Recovery
4 December 2023
Suffering from an injury that was caused by someone else can be a traumatizing experience. Not only do you have to deal with physical pain and emotion