What should I do if an uninsured driver caused my car accident?

A car accident can change a person’s life in the blink of an eye. The damage caused by a negligent driver can be catastrophic. They may suffer injuries that take a long time to heal or they may even be permanent. When they don’t have insurance, the victim may have valid concerns about how they will be able to pay for their medical treatment and their other damages. If you have discovered that the person responsible for your accident is an uninsured driver, you may have more than one option available to you. Here are some tips from a car accident lawyer:


Do Not Accept Cash from the Driver at the Scene of the Accident

If it is more than a minor fender bender, you may have injuries without even realizing it. Some injuries such as whiplash and brain injuries do not always immediately present symptoms. If you accept cash from the driver, it may be for far less than the amount of your damages. Despite the driver’s pleas, it’s important for your safety and future that you call the police to notify them about the accident.

  • If the driver then tries to flee the accident scene, take a photo of their license plate or else take mental note of it and write it down or enter it into your cell phone.
  • A police report may come in handy later when you file an insurance claim or else pursue a lawsuit against the negligent driver.
  • Take photos of the damage to your vehicle as well as to the other vehicle and any other pertinent visual information such as objects struck by either of your vehicles.
  • Even if the other driver does not have insurance, it’s important to get their name and phone number as well as their license plate number. This can be included in your claim against the driver, or in a lawsuit against them should you later pursue that option.
  • As soon as possible, or ideally while you are at the location, note the date, time, location, and other details about the accident and how it occurred. Stick to the facts only. You can do this while recording a video using your cell phone or you can write it down on paper.
  • When speaking with your car accident lawyer, be sure to tell them that you have all of the above information. They will need copies of all the information and images that you collected.


Your Uninsured Motorist Coverage May Cover Your Damages

You may have uninsured motorist coverage through your personal auto insurance policy. It may be sufficient coverage for your damages. If it is not, you may be able to cover the gap in coverage with your personal health insurance coverage.


Filing a Lawsuit against the At-Fault Driver

This is an option, but usually it is not a viable one. In many cases, the reason why a person does not have auto insurance is because they cannot afford it. If they also do not own assets that can be liquidated, filing a lawsuit against them is a fruitless exercise. However, if the reason they do not have insurance is because they lost their driving privileges, they may indeed have money. If they have assets such as a house or boat, and your injury will require costly medical care, it may be worthwhile to hire a car accident lawyer and force the other party to sell their assets and compensate you.


Call a trusted car accident lawyer today for more information.

Thanks to our friends and contributors from Cohen & Cohen for their insight into car accident lawsuits.