Is It Worth Suing an Uninsured Driver?

Motorists drive without the proper insurance for a variety of reasons. Some simply cannot afford insurance, while others mistakenly think their outstanding driving skills will protect them from accidents. Regardless of the reason for being uninsured, these individuals create a dangerous situation on the road where others can be harmed, and there is no financial reserve available to pay for their devastating injuries. Claims against uninsured drivers can be complex to navigate. That is why it is so critical to work with an experienced personal injury attorney who can help determine your options after a car collision with an uninsured motorist.

How Insurance Impacts Your Ability to Seek Compensation

In almost every state across the country, registered vehicle owners are required to have auto liability insurance. This is because, should an accident occur, most individuals would not be able to pay for medical expenses, lost wages, property damage, and other costs out of their pockets. However, for some, the cost of insurance is too high for the wages they earn, and some drivers choose to forgo it and just hope for the best. 

When an accident does happen due to another motorist’s negligence or recklessness, compensation is typically sought through the driver’s automobile insurance or the liability insurance of the at-fault party. If the liable party is uninsured, they can still be held accountable from a legal standpoint. So, it is indeed possible to sue an uninsured driver. The question is whether it is advantageous to do so.

When Is It Beneficial to Sue an Uninsured Driver?

When you sue an uninsured driver, you may end up obtaining a favorable judgement. Even if the at-fault party can’t afford to pay for your expenses, there is often an option of wage garnishment. However, it can be difficult to recoup your damages if the liable party doesn’t earn enough money or if they end up filing for bankruptcy, which releases them from their liability. 

Despite these facts, there are some scenarios where a personal injury lawyer may encourage you to file a claim against an uninsured motorist. These include the following:

• The uninsured driver is independently wealthy – There are circumstances where the at-fault motorist avoids having auto insurance for reasons other than poverty. An experienced, skilled personal injury attorney will investigate the financial standing of the liable party to see whether it might be advantageous to file a claim that can be paid out-of-pocket.
• There are other at-fault parties who may be insured – In some car accidents, there are multiple liable parties in addition to the uninsured driver, such as the car or truck company, a manufacturer, a mechanic, or a government official responsible for poor signage or faulty roads. If there is more than one liable party responsible for your collision, you can file a claim against all of them, allowing you to receive a portion of your compensation from each while still holding the uninsured driver accountable.

Other Options Are Available When You Are Injured By an Uninsured Driver 

After speaking with an experienced personal injury attorney, you may determine that there is no benefit to filing a lawsuit against an uninsured motorist who caused your injuries. If this is the case, don’t give up. There are a few other ways you can be compensated for your losses. Your attorney can help determine other avenues for obtaining the funds you need to rebuild your life after experiencing serious injuries. Here are a few choices:

• Uninsured/Underinsured Motorist Insurance – These types of insurance policies specifically address scenarios in which a collision is caused by an uninsured or underinsured motorist. The policies are usually bundled together and can offer compensation for medical bills, lost wages, property damage, and more. If you are injured as a pedestrian or while riding a bike, for instance, UM/UIM policies will typically provide coverage. 
• Personal Injury Protection (PIP policy) – A Personal Injury Protection (PIP) policy is a type of no-fault insurance that allows drivers to recover damages like medical expenses and lost wages after a collision, regardless of who is to blame for the accident. Some states require PIP, while others offer it as an add-on to traditional policies.
• Medical Payments Policies – Another type of add-on policy that can be utilized after a collision with an uninsured motorist is called Med-Pay (Medical Payments.) Although it is not available in every state, when it is an option, you can use it to cover medical expenses like doctor’s visits, hospitalizations, ambulance transportation fees, and nursing care, among others. 
• Comprehensive/Collision Policies – Also called “full-coverage insurance,” this type of policy provides compensation for vehicle damage in an accident. The policy may also sometimes include compensation for car damage due to floods, fires, or hail.
• Personal or Employer-Provided Insurance Policies – In some cases, the health insurance policy you obtain through your employer or on your own may provide a certain amount of compensation for medical bills connected with an accident or collision.
• Worker’s Compensation – In the event that your accident occurred while on the job, you may be eligible for medical coverage and wage replacement through your employer’s worker’s comp policy. This might happen if you were out making deliveries or driving the company car at the time of your collision. Most employers in most states are required to implement this type of no-fault policy on behalf of their workers.

Dealing With Your Own Insurance Company When It Comes to Uninsured Driver Claims

Your lawyer can help determine if you can file a claim against your personal insurance policy in order to obtain compensation for your injuries. You would submit this to your insurer as a demand, including the facts of your claim and the documentation of all your accident-related expenses. Just as with third-party insurance claims, your carrier will have the choice to pay the claim, deny it, dispute it, or offer a settlement. Your personal injury attorney can then negotiate with the adjuster to make sure your compensation accurately reflects your needs after sustaining serious injuries.

Through a process called subrogation, your insurance provider may investigate the uninsured motorist and decide to sue them themselves to offset the payout that occurred as a result of your claim. 

Investigating Additional Sources of Liability

One of the primary jobs of your car accident lawyer is to determine all possible sources of liability in your accident. This can prove critical in cases where an uninsured motorist was involved, as compensation can be garnered from multiple parties to pay for your losses. The more liable parties the better, as this allows access to multiple policies, increasing your chances of recovering the funds you need and deserve as you heal. 

To prove liability, your lawyer will need to show the following:

• Duty of care – In terms of an auto accident, duty of care can mean that other motorists on the road are obligated to drive in a manner that protects other drivers, cyclists, and pedestrians. In other words, they are obligated to follow traffic rules and drive safely, free from distraction and intoxication. Governmental agencies also owe a duty of care to keep roads in good shape and make sure that signs can be properly observed. Car manufacturers owe a duty of care to make sure vehicle components are safe and functional. Employers owe a duty of care to make sure the drivers they hire don’t have a criminal background or a history of substance abuse. And party hosts and restaurant staff owe a duty of care to make sure they don’t serve alcohol to minors, who might then get on the road and injure someone while drunk.
• Breach of duty of care – When a motorist drives drunk or is distracted, they are violating their duty of care. If a property owner failed to tie up their guard dogs or implement on-premises safety measures, they too have violated their duty of care. Your lawyer will show the breach of duty that led to your accident.
• Causation – Finally, your lawyer will show how the breach of duty of care directly caused your injuries, outlining the direct link between the two events.

Contact an Experienced Personal Injury Lawyer Today to Explore Your Options

If you have been injured in a car accident involving an uninsured motorist, you have certain options, and a good personal injury lawyer can help you explore multiple ways to claim the compensation you need and deserve. Our team of dedicated legal advocates at Trust Guss can determine the liability of additional motorists, employers, manufacturers, mechanics, and government agencies, potentially increasing your chances of obtaining the appropriate damages to offset your losses. Our lawyers work on a contingency fee basis, meaning that you never owe a penny unless we are successful with your claim. Call us today to set up a no-cost, no-obligation case evaluation.