Most drivers understand that when they get behind the wheel and get out on the road, they’re risking life and limb. They can try to stay safe by obeying all traffic laws and generally driving in a defensive fashion. However, you never know if you might encounter a reckless driver or a drunk one.
You also don’t know whether the driver in the car next to you has insurance or not. Most states require that drivers not only have insurance, but that they carry a particular amount of it.
About 16% of Missouri drivers don’t have auto insurance, and many other states have similar numbers. If an uninsured driver hits your vehicle, that can turn your life into an absolute nightmare. You can get through it, but it will likely complicate matters for you for a while.
Let’s talk in greater detail about what you might experience if an uninsured driver hits you.
First, Contact the Police
Let’s say you’re driving, and another motorist strikes your car. You will need to get out of the vehicle and assess the damage. You can look at the car and see whether there’s anything visible. You also need to assess your own situation to see if you sustained any injuries.
You will presumably talk to the other driver, if they stayed on the scene. If another driver doesn’t have car insurance, they might always flee the accident site. They may realize they will face a lot of consequences and headaches if they stick around.
If the other driver stayed on the scene, but they tell you that they have no insurance, you should call the police next. You need to call the authorities and report the accident anyway, but if the other driver has no insurance, that becomes even more vital.
When the cops arrive, they can get your statement and the other driver’s. You will need a copy of the police report. You will likely find it useful in the legal maneuvering that’s coming.
Gather Information and Document the Scene
You should next get as much information from the other driver as you can. If the police get those details, you can get it from them instead.
You need to get the other driver’s name, their license plate number, their address, and their phone number. You should next document the crash site. Take pictures with your smartphone’s camera, if you have one. You might even take some video instead.
If you have any injuries, document those with your phone’s camera as well. In short, you need to document all of the scene and the crash’s consequences that you can. While you should always do that anyway, if the other driver has no insurance, all that information and evidence might come into play later.
What Else Should You Do at the Scene?
Before you leave the scene, make sure to get the names of any witnesses, assuming anyone saw what happened. You can also contact a tow truck who can come get your vehicle. If you feel like you can drive it home later, you might just get it out of the street and park it nearby.
The Aftermath
You will need to get medical attention if you feel you require it. Make sure you that keep records that mention your medical expenses during this time.
Next, you must contact your insurance company. You can tell them what happened. You should make a point of telling them that the driver did not have insurance. They need that information, regardless of whether you’re in an at-fault or no-fault state.
Do You Have Uninsured Motorist Coverage?
You will need to file a claim with your insurance company, especially if you have uninsured motorist coverage through them. If you have this kind of coverage, that should pay for things like your medical bills, lost wages, and vehicle repairs if an uninsured driver hits you.
If you have this kind of insurance, that should make your life a lot easier following this type of accident. In many states, you needn’t have this type of insurance, though. In other words, it’s not compulsory.
If you don’t have this kind of insurance, that will complicate your life a bit further. It almost guarantees that you must sue the other driver, since otherwise, you probably can’t get the money you need for things like vehicle repairs or medical bills.
Should You Sue the Other Driver?
If you have uninsured driver insurance coverage, then you may not have to sue the other driver. You may get the funds you need from your own insurance company, and you can probably try to get on with your life with no further issues.
However, if you have this kind of insurance, and you file a claim, you may find after you get the money you’re due that you still feel you deserve additional compensation. You may feel that if you sustained some noneconomic damages as well as economic ones.
For instance, maybe you sustained permanent damage that time won’t fix. Neither will surgery, physical therapy, or any other option.
If so, then it’s almost a foregone conclusion that you will sue the other driver. That’s when all that evidence that you collected should come in handy.
You must find a skilled personal injury lawyer. Ideally, you want one who handles these kinds of car crash cases. You can talk to them about options and the best path forward.
What Happens During the Lawsuit?
If you retain a lawyer and decide to sue, then that lawsuit will doubtless take up a lot of your time and energy for quite a while. You probably don’t want that, but you may feel it’s necessary.
If you force a settlement or get a jury’s verdict in your favor, then you might get some money from the defendant. However, if the other driver had no insurance, then they may have very little in the way of savings or assets.