Lists & Guides

Suing an Uninsured Driver after a Crash: Is It Worth It?

You may assume every vehicle you encounter on roadways, in parking lots, and on private property has a valid liability insurance policy covering it. While this most certainly should be the case, the unfortunate reality is that many drivers and their vehicles have no liability insurance to protect someone they injure if they get into an accident. 

Getting into an accident with a driver who has insurance is stressful enough, but you will have even more hurdles to clear if the other party does not have any liability insurance coverage. 

If you have been in an accident with a driver who does not have active liability insurance, be sure to follow these tips:

Make Sure Everything About the Accident and Its Effects on You Is Documented

Proving your claim will require you to submit evidence of the damages you are claiming to the insurance adjuster. The easiest way to prove how the accident happened is to provide statements from uninvolved witnesses who saw the accident take place or to have the police come to the scene, perform an investigation, and write up a report. 

As for proving your damages, you will need to submit several different types of evidence. These documents should include:

● Post-accident medical records

● Post-accident medical bills

● Pictures of the vehicles involved

● Pictures of any body parts you injured in the accident

Keep a File with All Your Important Accident-Related Documents in It

Without documentary proof of all the injuries and damages you are alleging, you will have a difficult time recovering fair compensation for your claim. That is why you need to be sure to maintain a single centralized file with copies of all your important documents in it. 

There should be copies of them stored elsewhere, too, but having a set of copies in one location makes it easier for you to access them if you need to send them to someone or review them.

Get Appropriate Medical Treatment for All Your Injuries

After an accident in which you have been injured, you need to put your own health above all else. Find a medical professional who can take a look at you to let you know what type of injuries you have and just how severe they really are. 

Your medical provider can then formulate a treatment plan to help you recover and, if necessary, refer you to a provider who specializes in the specific injuries you suffered. It’s important to follow your doctor’s orders. Not only will not following instructions make your recovery longer, it may also harm your legal claim.

Find an Attorney to Represent You in Your Claim

Having an attorney on your side to stand up to the insurance adjuster and argue your claim to ensure you are awarded the compensation you deserve is extremely important. Do not wait until after you have spoken to your insurance company to hire a lawyer.

Remember the Insurance Company Is Not Necessarily on Your Side

Normally, your lawyer would help you file a third-party claim with the responsible party’s insurance company and serve as your representative in any dealings with that company’s adjusters. When the other party has no insurance, though, you have to file a first-party claim with your own insurance company. 

Even though you are your insurance company’s customer, the adjuster will almost certainly see you as a claimant first and a customer second. This is why when the other party involved in the accident does not have the insurance, it is best to speak to your personal injury lawyer first instead of your insurance company.

” This article is a collaboration with a freelance writer and follows The Haitian Times publishing guidelines”

Haitian Times

Haitian Times

The Haitian Times was founded in 1999 as a weekly English language newspaper based in Brooklyn, NY.The newspaper is widely regarded as the most authoritative voice for Haitian Diaspora.
Haitian Times
Jan. 28, 2021

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