What Happens if the At-Fault Party Doesn’t Have Insurance?

If you are involved in a car accident with a party that does not have insurance, you can still collect compensation from the individual responsible for the incident. To do so, you will need to seek damages in a car accident lawsuit. In addition, you should hire a car accident lawyer to represent you throughout your litigation.   

At Gatti, Keltner, Bienvenu & Montesi, PLC, we can connect you with an experienced auto accident attorney right away. To get started, reach out to us. From here, a car accident lawyer from our team can review your case. 

How Car Insurance Works in the United States

Auto insurance protects drivers involved in accidents. There are minimum car insurance requirements that vary depending on the state. It is illegal for a driver to operate a vehicle without complying with the state’s minimum insurance requirements. 

New Hampshire represents the only U.S. state that does not require its drivers to have auto insurance. Meanwhile, Virginia drivers can pay a $500 uninsured motorist fee to opt out of car insurance. Even if a Virginia driver pays this fee, they can still be held accountable for any damages they cause in an auto accident.    

The team at Gatti, Keltner, Bienvenu & Montesi, PLC can get you up to speed on car insurance requirements based on where you live. If you have been involved in an auto accident caused by someone that has no car insurance, let us know. We will help you submit a compelling argument to request damages from the at-fault party. 

What to Do After a Car Accident with an Uninsured Driver

Following an auto accident with an uninsured driver, you likely have no idea what to do. Here are tips to help you respond to an accident with an uninsured driver.

1. Notify the Police

Call 911 to report the accident as soon as it happens. First responders will come to the accident scene and assist you and anyone else who may be injured. Also, police officers will gather details about your accident and use this information to file an accident report. 

2. Get the At-Fault Driver’s Information

Ask for the at-fault party’s name, phone number, and other contact information. In addition, get the contact information from any witnesses that may have seen the accident. If your car accident case goes to trial, witnesses may be able to provide testimony on your behalf. 

3. Collect Evidence 

Capture photographs of any injuries you suffered and damage to your vehicle. You should also keep track of any medical treatments you receive and their costs after your accident. The evidence you collect can support your request for damages from the at-fault driver. 

4. Do Not Accept a Payment from the At-Fault Driver

If the driver responsible for your car accident contacts you and tries to pay you for the incident, do not respond. It is in your best interests to seek the most damages possible for your auto accident. With help from an auto accident lawyer, you can do just that. 

5. Hire a Car Accident Lawyer

Select an auto accident lawyer that has a wealth of legal experience. Your attorney learns about your case and helps you determine the best way to argue against an at-fault party. Plus, your lawyer does everything they can to help you collect a fair amount of compensation. 

Do not wait to hire an auto accident lawyer. Per the statute of limitations for personal injury cases in your home state, you have only a limited amount of time to file a lawsuit. If you wait too long to pursue damages in a car accident lawsuit, you will be fully responsible for them. 

How Much Time You Have to Pursue Compensation in a Car Accident Lawsuit with an Uninsured Driver

There is no time to waste when it comes to submitting a personal injury claim against an uninsured driver. The statute of limitations for a personal injury claim can be as little as one year. This statute goes into effect on the date your injury occurred. 

With help from a car accident lawyer, you can pursue compensation from an uninsured driver. Your attorney will help you calculate any damages you incurred relating to your medical bills, lost wages, and other losses. Next, your lawyer will make sure that your lawsuit is filed in accordance with your home state’s statute of limitations. 

After you submit your personal injury claim, do not expect an immediate resolution. You and your lawyer will work together to make your claim as strong as possible. There is a chance that your attorney may help you negotiate a settlement before your case needs to go to trial. 

How an Auto Accident Case with an Uninsured Driver Gets Resolved Through a Settlement

In the time before your car accident trial, your attorney and the defendants will negotiate with one another. They will attempt to find common ground and craft a settlement that meets the needs of all parties involved in your case. You can be presented with a settlement offer at any point during your litigation, and it is in your best interests to review any proposal carefully. 

If you receive a settlement, you are not required to accept it. You can approve, decline, or counter the settlement, and any choice you make has pros and cons. To weigh the pros and cons of a settlement decision, it helps to consult with your attorney. 

Your lawyer cannot decide on a settlement offer for you, but they can share their legal insights with you. With your attorney’s assistance, you are well-equipped to assess a settlement proposal from multiple angles and understand what can happen based on your decision. If you ultimately find that a settlement falls short of what you want, you can reject it, and your attorney will continue to help you win or settle your case. 

File a Lawsuit Against an Uninsured Driver

Gatti, Keltner, Bienvenu & Montesi, PLC can walk you through the steps to seek damages against an uninsured driver. To learn more, please contact us today.