What If the Driver Who Hits Me Doesn’t Have Insurance?

Although all states require drivers to have auto insurance, it’s estimated that between 7-13% of motorists don’t keep insurance on their car. In some states, the number of uninsured drivers is 25% or more. Mississippi, Florida, Oklahoma and New Mexico have much higher rates than the national average. Maine and Massachusetts have very low rates at 4%. State governments try to combat the lack of insurance, but as a driver who is at risk from an accident, what do you do if you get hit by someone without insurance? Who pays for your injuries if the other driver doesn’t have insurance?

Did You Plan Ahead? 

One way to make sure that you don’t take a financial hit in an auto accident is to have uninsured motorist coverage, which is an option in most states while 20 states require drivers to have this coverage. If you have this type of policy on your own insurance, it will step in and cover the medical costs of injuries to your and your passengers. It might even cover loss of income. You should always report an accident to your insurance company and let them assist you in your own coverage.

Can You Use Your Own Health Insurance? 

You may need to pay for your expenses through your personal health insurance coverage. This may not be your preferred choice, but it can make sure that your bills get paid while you explore other options. Track all your payments and keep your bills. If you do get a judgment against the other driver, you may have to repay the insurance costs out of your settlement.

Is It Worth Filing a Lawsuit Against the Other Driver? 

If the other driver doesn’t have insurance, the best way to get any money from them is to file a lawsuit. Keep in mind that a lawsuit can be expensive. If the driver doesn’t have insurance, they may not be financially stable. There may be no assets to go after in a lawsuit. You may win in theory proving they were responsible for the accident, but you may not be able to collect anything.

Discuss Your Situation with a Lawyer 

One of the best things to do when you’re in an accident is to discuss your case with an attorney before you settle with the insurance company to make sure you are getting a fair settlement. When the other driver doesn’t have insurance you can discuss the options with a lawyer, like a car accident lawyer from Johnston Martineau, PLLP, to take the most practical steps in your case.

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