Accident Law

Can an Uninsured driver who is hit by an insured driver file a claim?

Driving without insurance can be dangerous and is against the law in almost every state. Some people may find themselves in an unfortunate position where they have been involved in an accident and are not covered. If the driver who is not insured is responsible, this type of accident can prove to be very costly. Even an uninsured driver’s accident can cause severe financial damage.

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Is there a way to reduce the financial impact? Is it possible to file a claim against an insured driver if an uninsured motorist is hit by an insured one? This article answers this question and addresses common concerns.

Alternatives to Insurance

Although insurance requirements are very common in the United States there are some areas where drivers can find alternatives. Common insurance options include the requirement to maintain a bond, certificate of deposit of money, or securities in a specified amount. These alternatives may sometimes fulfill the requirement of “financial responsibility” as drivers are generally subject to laws.

These care insurance options are available to you if you live in a state that allows them. Without worrying about whether you have insurance, you can file a claim against the driver who insures you. However, an insurer will retain attorneys and agents who would normaly negotiate and, if necessary litigate the matter to reach a fair settlement. You can hire an attorney to handle these tasks if you are not insured.

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Potential consequences

Uninsured drivers can still be hit by insured drivers, and could face serious consequences. You can file a claim against an insured driver if your state has an insurance requirement. Insurance companies will likely report to the state that you are not insured. Most states require you to have at least a certain amount of insurance. In most cases, a driver who fails to comply with the insurance requirements will be subject to a fine. This could also lead to the suspension of your driver’s licence for a certain period.

Your lack of insurance could have had serious consequences by the time that you reach out to an insurer. A police officer might have ticketed or written a report depending on the laws in your state and the circumstances surrounding the accident. While the report and investigation will likely be useful in pursuing your claim against an insurer, it also indicates that you have not been insured and that you could face severe punishment for driving without insurance.

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A second consequence of an accident and your insurance claim, is that another party may sue you for damages. This could happen regardless of how you proceed with your case. If the insured driver carries an uninsured/underinsured policy, they can proceed with a claim against their own insurer. If they believe they can collect a judgement, they may file a claim against yourself. Your liability could be limited to the policy deductible.

Do you need to file a car accident claim? Consult an attorney first

Uninsured drivers who are hit by insured drivers can have difficult conversations with their insurance company. The specific details of an accident and your state’s laws will determine how it affects you.

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An experienced injury lawyer will help you decide how to proceed and deal with any communications with your insurer. Before an experienced lawyer evaluates your case, don’t assume that you have any rights or that you get a fair settlement.