How To Receive Compensation For Your Damages When The Other Driver Doesn't Have Insurance
Posted on: 18 May 2022
When you are involved in an auto accident and you believe that the other party is at fault, you will usually need to file an auto accident claim with the other driver. However, if the other driver is not carrying auto insurance, you might wonder what your next steps should be.
The Driver Does Not Have to Be Insured to Take Legal Action
You will still be able to take legal action against the driver if they were responsible for the accident even if they do not have insurance. However, you will need to sue the driver directly and collect their assets. To do this and be successful, there are several steps you will need to take.
Call the Police
The most important step to take after a car accident is to make to contact the police. They will investigate the accident and fill out a police report. Also, if there is probable cause, they may perform a criminal investigation and might arrest the criminal party.
Not carrying insurance is a crime. The other driver might face criminal charges for failing to carry auto insurance. However, regardless of whether the other driver is arrested or not, you will be able to take legal action against them.
You Can Still File a Claim
If you are carrying insurance for uninsured or underinsured drivers, you will be able to file a claim with your insurance provider. However, filing a claim with your insurance provider will lead to your insurance rates possibly raising and you will not receive as much in compensation as you would if you filed a lawsuit, won, and were able to collect damages.
There Must Be a Way to Collect Damages After Suing
When you successfully win a lawsuit, there are several ways in which you can collect damages. For example, you may be able to have the assets of the other party claimed so that you can then have them sold to pay for any damages you have suffered. If the liable party has a bank account, they might be able to have funds taken from the account. If they are employed, they might have their wages garnished.
While it might take a while to receive full compensation, you may be able to do so eventually if you work closely with an experienced auto accident attorney who will know all of the avenues you can pursue to receive full compensation for your injuries.
For additional information, contact a car accident lawyer in your area.
Share