Car accidents can be stressful, especially when the at-fault driver doesn’t have insurance.
But can you take legal action against them? In this article, we will explore your options when dealing with an uninsured driver and whether suing them is a viable path.
1. Understanding Uninsured Drivers
- No Insurance: When someone hits your car without insurance, you will likely have to turn to your own insurance company for coverage.
- Uninsured Motorist (UIM) Coverage: Your best bet is UIM coverage, which helps pay for your losses.
2. How UIM Coverage Works
- Add-On Protection: UIM coverage is usually an add-on to your existing policy.
- Coverage Limit: It can’t exceed the amount of your standard liability coverage.
- Separate Property Damage Coverage: To cover vehicle repair/replacement, consider purchasing separate property damage coverage.
3. Underinsured Motorist Coverage
- Insufficient Coverage: Underinsured motorist coverage helps when the other driver has insurance but not enough to cover your injuries.
- Filling the Gap: It covers the difference between the other driver’s coverage and your total losses.
4. Legal Considerations
- Limited Time: Most insurance companies limit the time to make UIM and underinsured motorist claims (often as few as 30 days from the accident date).
- Suing an Uninsured Driver: Filing a lawsuit against an uninsured driver is usually a losing proposition, even if you win.
Conclusion
While using an uninsured driver may not be fruitful, having adequate UIM coverage ensures you are protected.
Consult your insurance provider and explore your options to navigate this challenging situation.
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