Auto Accident Settlement
What do I do if I’m in an Accident with an Uninsured Motorist?
When a driver is involved in an accident, there are many things that could happen. If the other driver was uninsured, it can complicate your ability to get compensation for damages to your vehicle or medical expenses. In this case, you have no other recourse than to file a lawsuit for uninsured motorist damages. Many factors can affect the outcome of your case and you will need to hire an experienced uninsured motorist attorney to help guide you through the complexities of these types of cases.
Can I Sue an Uninsured Motorist?
When you’re involved in an accident with an uninsured driver, you will file the claim with your auto insurance company. However, it seems that insurance companies are very eager to find some way to deny payments or make the claimant’s life difficult in some way and you may need to sue the uninsured driver to seek compensation for all of the damages you received.
If the other motorist didn’t have insurance, there is a high possibility that they would not be able to pay any damages you are awarded in a lawsuit out of their own pocket. Before considering filing a lawsuit, you should speak with a qualified uninsured motorist attorney who can help you determine the best legal route to take.
What are Important Things to Keep in Mind After an Uninsured Motorist Accident?
If at all possible, take photos of the accident and the vehicles involved. Keep copies of any police reports or tickets that were issued. Collect any and all information that you can about the accident. If there is a witness to the accident, take their name and phone number so that you can contact them after the case has been settled.
When you finally do file a claim, you must allow sufficient time for your attorney to review your case. The time spent gathering information and preparing a proper claim should be factored in during the appraisal process. Some claims are worth more than others, and the value of your claim will be increased based on how much evidence you have gathered. Don’t put off your claim hoping that things will work themselves out; always take steps to get your compensation today.
Will my Insurance Pay an Uninsured Motorist if it is my Fault?
It depends on the situation. First, as the insured, you need to contact your insurance company. In general, if you are the one at fault in an uninsured motorist accident, they will pay for the other person’s damages. The other side’s attorney will have to prove the extent of these damages. This evidence will be used against you during your case with the insurance company.
Next, when you talk to the insurer, you have to be honest about what happened. Do not say anything untrue just to get out of paying for the damages. If you have received notification of a lawsuit regarding your accident, it’s important that you hire a good lawyer. You may also find attorneys who will settle for a lesser amount than the full compensation they are seeking. If you do not hire a good uninsured motorist lawyer, you may find yourself paying a lot more than you should.
Make sure that the police report and accident report accurately reflect the details of the accident. If there are any injuries sustained, make sure that they are correctly stated. Remember that it is also your responsibility to make sure that the damage to your vehicle is accurately stated as well. If there is damage to your vehicle that you have not reported, then you are responsible. This is why it’s important that you get the police report and accident report as soon after the accident as possible.
When speaking with your insurance representative, it’s important to remember that you are always innocent until proven guilty. Do not admit fault, no matter what the other party’s attorney says. Your insurance company is unlikely to pay anything if you admit to their insurance company that you were at fault in the accident, and admitting fault is never a good idea.
Do I Really Need an Attorney After an Uninsured Motorist Accident? Can I Just Settle?
It is also important to remember that your rights will be more curtailed if you accept a settlement without an attorney. Without legal representation, you are not permitted to make a fair comparison between the car accident compensation you are awarded and the cost of paying for the repair or replacement of your car. Your settlement may not even be as large as you might think. Often, car dealers will settle with drivers who have an accident that was their fault because they prefer to pay less overall rather than fight in court.
If you decide to go ahead with your claim, you must prepare all of your information and paperwork correctly. You will need to provide all of the information the insurance company requires to make your claim, including the names and addresses of all parties involved, as well as any witnesses to the accident. You will also need to keep all of your records relating to your claim, such as repair and replacement costs, appraisals, and receipts. You should also keep a log detailing all correspondence with the other party involved, listing all correspondence from the car insurance adjuster, and updating it when necessary.
Although you might think that you don’t have much to fight for, it can be comforting to know that you do have some rights. You can seek monetary compensation by asking for the entire medical bill, loss of income, and pain and suffering. You can also ask for punitive damages, which can amount to a large amount depending on the circumstances of the accident and how the insurance adjuster decides the case should be handled. Although you might not think that you can sue an uninsured motorist, you may find that you have some rights which you were not aware of before.
Don’t hesitate and contact us online or call (866) 460-1990 today to discuss your case right over the phone or video conference. Consultations are free and always confidential and you can speak with the expert uninsured motorist accident attorneys at Hoskins, Turco, Lloyd & Lloyd from the comfort of your own home.
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