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What to Do If You’re Hit By an Uninsured Driver

— August 19, 2022

If the driver does not have auto insurance, it is still important to get their contact information, make and model of the vehicles involved, vehicle license plate number, VIN number, as well as contact information from witnesses if any.

Experiencing a car accident is difficult as it is, and finding out the other driver does not carry an auto insurance policy can quickly add another layer of stress. After being in a car accident, there are several important steps to take not only ensuring the health and safety of everyone involved, but also legal steps to protect your rights as a driver.

Car Insurance Laws

While it is illegal to drive without auto insurance in most states, people often still drive uninsured to avoid the expenses of an auto insurance policy. According to the Insurance Information Institute, in 2019 about 12.6% motorists, or one in eight drivers, were uninsured. The car accident lawyers at DiMarco | Araujo | Montevideo advise that carrying the minimum liability insurance in your state may avoid complications with a personal injury claim while also protecting yourself from license suspension, fines, and vehicle impoundment.

Depending on whether your state is a no-fault or fault state determines which party is responsible for the damages. In a no-fault state, no matter which driver is at fault for causing the crash, you pay for any property damage or injuries resulting from the accident and file claims with your own insurance company. If your accident occurred in a fault state, the driver who caused the accident is held liable and has to pay any damages.

What is Uninsured and Underinsured Motorist Coverage?

Uninsured and underinsured motorist coverage is a part of auto insurance policies that protect when drivers without insurance or not enough liability coverage hit you in a car accident. This coverage pays for medical bills, property damage, car repairs caused by the car crash. Twenty states require uninsured or underinsured motorist coverage, while the other states allow it as optional coverage.

Steps to Take After a Car Accident with an Uninsured Driver

Amidst the stress of being involved in an accident, remember to stay calm and follow these steps:

  1. Call 911 to report the accident. 

Immediately after the car crash, call 911 to report the accident and file a police report. Especially in the case of an accident with an uninsured driver, it is important to have filed a police report to help you receive compensation and help with a smoother claims process.

Police officer leaning in window of car after accident; image by Matt Chesin, via
Image by Matt Chesin, via
  1. Exchange contact information with the other parties involved.

If the driver does not have auto insurance, it is still important to get their contact information, make and model of the vehicles involved, vehicle license plate number, VIN number, as well as contact information from witnesses if any.

  1. Gather details of the accident.

While you are at the scene of the collision, it is important to take photos and gather evidence of the accident. Keeping a record of the details of the accident can be extremely useful for your legal team when filing a personal injury claim. Remember to take note of the details of the cars involved, photos of the damages and traffic signs, and the direction where each vehicle was traveling. The more details of the accident you are able to gather will help you later on with the claims process.

  1. See a doctor or medical professional if you have been injured.

As soon as possible after your accident, seek medical attention to ensure you have not sustained any bodily injuries. Even if you may feel fine initially, it is important to be aware of delayed injuries after a car accident. For example, whiplash is a common injury which can cause delayed symptoms of neck and spinal injuries.

  1. Contact an experienced personal injury attorney.

Getting in contact with a personal injury attorney is highly beneficial when filing a personal injury claim after an accident. With the help of a skilled car accident lawyer, you will have professional legal representation if you choose to file a lawsuit against the negligent party that caused your accident or injuries. The attorneys at MDK Law Group specialize in uninsured and underinsured driver accidents and have helped clients figure out their legal options when filing a claim with your insurance company and recovering compensation.

While receiving compensation from an uninsured driver is not guaranteed, it is highly recommended to work with a trusted legal team to help you secure the best possible results for your case.

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