What To Do When The Other Driver Doesn't Have Insurance After An Accident
A common way to resolve a car accident case is to file a claim with an auto insurance provider. By doing this, you will then be able to negotiate a settlement and avoid going to court. However, there are some motorists who fail to maintain auto insurance and you will have no one to file a claim against as a result. You might be left wondering what to do in this situation.
Some Motorists Are Not Covered by Insurance
To pay for your damages, you will likely need to file a claim with your own insurance provider under your uninsured motorist coverage. However, your insurance provider will pay for your damages and you may see an increase in your insurance premiums. Still, having uninsured motorist coverage is important because the driver might not be able to pay for your damages if they do not have any assets.
Don't Assume the Driver Doesn't Have Assets
Even though many drivers who do not carry insurance will not have any assets, you should not assume that this is always the case. An auto injury lawyer may be able to uncover assets, such as another vehicle or a bank account, and may be able to help you negotiate a settlement or sue the driver.
Try Settling Out of Court First
Some drivers might be willing to settle to avoid court. Going to court tends to be more expensive and is more of a hassle. Also, the fact that the driver was sued will be a part of the public record while a settlement is more private.
Consider Going to Small Claims Court
However, if the driver is unwilling to settle, you may be forced to file a lawsuit. Depending on the damages, you might be able to resolve the issue in small claims court. However, even if you win, you will not receive compensation unless the defendant has assets.
Hire an Auto Injury Lawyer
Fortunately, a lawsuit can open up new opportunities. For example, you might be able to garnish the wages of the defendant as a way to pay for your damages. When the defendant deposits money in their bank account, you may be able to seize those funds as compensation for your injuries. However, to be able to do this, you must work with an auto accident attorney who can make a solid case for why you should be entitled to compensation.
Contact a local auto injury lawyer to learn more.