Uninsured motorist accidents happen regularly because many drivers operate vehicles without insurance. This can include illegal aliens, low-income individuals who can’t afford insurance, and individuals who simply forget to pay their premiums and allow their coverage to lapse. If you or a loved one is involved in an accident caused by an uninsured motorist, you have two main options.
One, you may pursue the driver for his personal assets. Two, you may assert an uninsured motorist claim. However, you may only pursue an uninsured motorist claim if you have uninsured motorist coverage or are riding in a vehicle with someone who has an uninsured motorist policy that covers you.
The first option is generally not worth pursuing. Individuals who have assets, usually have insurance to protect those assets. In other words, if the driver who caused the injuries is uninsured, he or she is unlikely to have any personal assets to provide compensation for your injuries. In addition, to collect against someone’s personal assets is difficult to do. It requires that a judgment be obtained and then collected upon. This could take several years and there is no guarantee that the at-fault driver will still have those assets by that time. The only time it makes sense to pursue someone’s personal assets is if the injuries are severe and the at-fault driver has substantial assets.
The second option is to pursue an uninsured motorist claim. However, this option is only available if you have the coverage under your own automobile insurance policy or are covered under someone else’s policy. In the usual situation, you are asserting a claim against your own insurance company. This creates a situation where you are at odds with your own insurance company. Like all insurance companies, your own insurance company will try to pay you as little as possible to resolve your claim. Your own insurance company will question your injuries, discredit your medical treatment and object to the amounts you are claiming for compensation. In these situations, it is important to have a skilled attorney representing your interests.
If neither of the above options is available, there are still other ways you may potentially recover for your injuries. Perhaps the roadway created a dangerous condition. Perhaps an obstruction arising from a property controlled by a third party contributed to the accident. Maybe the accident was caused by the failure of the other driver’s vehicle due to a product defect. In these situations, you may potentially have claims against third parties aside from the at-fault driver.
If you or a loved one was involved in an accident involving an uninsured motorist, you should consult with a skilled attorney to evaluate your options. The attorneys at the Piccuta Law Group, LLP have experience handling uninsured motorist claims. Contact our attorneys today to receive a free consultation and to discuss your case at no cost.