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Hit by an uninsured motorist – now what?

On Behalf of | Sep 10, 2021 | Car Accidents

The injuries suffered in a car accident can be life changing. They can leave you with physical limitations coupled with excruciating pain and suffering and trying to cope with the realities of your situation can lead to emotional turmoil.  The financial losses can be devastating, too, which oftentimes leads to more stress, frustration, and despair.

While you might be able to recover compensation for your damages through a personal injury lawsuit, you could have a hard time obtaining the compensation you need when your accident was caused by an uninsured motorist. The fact of the matter is that nearly 13% of all motorists are uninsured, with more than 10% being uninsured here in Virginia. So, what are you to do if you’ve been injured in an accident caused by an uninsured motorist?

File an uninsured motorist claim

Hopefully you have uninsured motorist coverage. If so, then you can simply file a claim with your own insurance company in hopes of recovering what you need. The sad reality, though, is that your own insurance company is probably going to fight your claim in one way or another. That’s why you still need to be prepared with evidence of your losses, which may include employment records, medical records, and medical opinions regarding your prognosis.

But what if you don’t have uninsured motorist coverage?

Look at other parties involved

In many car accidents, there are multiple people and vehicles involved. Carefully analyze your wreck to see if the blame can be shifted to another driver who is insured. Properly determining fault may require an accident reconstruction, but it’s certainly not out of the question.

Suing the uninsured driver

If all else fails, you can always pursue a personal injury claim against the uninsured motorist who harmed you. This means that you’ll need to be prepared to present evidence that showed that the driver in question was acting negligently, and you can’t overlook the importance of proving the extent of your damages. In these circumstances, you’ll want to gather all the evidence you can, including police reports, medical records, and witness accounts.

Even if you win your personal injury case, though, you may face difficulties in recovering the compensation that you’re owed. This is because a lot of uninsured motorists simply don’t have the financial resources to pay out a judgment against them. After all, many uninsured motorists can’t afford an insurance policy.

If you find yourself with a judgment against an individual who is unable or unwilling to pay it, then you’ll need to consider additional legal action. In many of these instances you can pursue a wage garnishment order, which will ensure that you’re able to receive consistent payments over time that will hopefully result in the full judgment being paid to you.

Protecting your interests is vital

Any car accident can leave you stressed and fearful of the future. Those concerns can be exacerbated when the wreck in question is caused by an uninsured motorist. But there are concrete steps that you can take to protect your interests and your future, starting with gathering the evidence that you need to preserve your claim.

Take pictures, record notes, gather witness contact information, and speak with your medical providers. Understand the law so that you know how to apply it to your case. Most important of all, don’t lose hope. There’s life after a car accident. You just have to be willing to fight for an outcome that is just, fair, and capable of putting you on the road to recovery.