Suing an uninsured driver can make an already frightening car crash feel even more overwhelming. After a collision, you expect the other driver to have insurance and follow your state's auto insurance and financial responsibility laws. Unfortunately, some drivers let their policies lapse or drive without insurance, leaving you to deal with the consequences of an accident with someone who lacks the necessary coverage.
You might wonder if it's worth suing an uninsured driver after a crash. This is a complicated question, and there's much to consider. You can understand your rights and options for recovering your losses by contacting a car accident lawyer.
What Happens After a Crash with an Uninsured Driver
After a crash, the first thing to do is get medical help. Your health is the most important thing. Even if you feel okay, some serious injuries don't immediately appear. It's wise to see a doctor to make sure you receive a diagnosis of all conditions from the crash.
Once you've gotten medical care, you might start worrying about how to pay for everything. This is where things seem tricky with an uninsured driver. Usually, the other driver's insurance will help pay for your medical bills and car repairs. But when they don't have insurance, that option isn't there.
A car accident lawyer knows all about these situations. They have the experience and knowledge to know what to do next. They can handle the legal process for you. You should always contact a car accident attorney after you have been involved in a crash with an uninsured driver.
Why Suing Might Be an Option
Suing an uninsured driver might seem like a good idea. After all, they caused the crash and left you with bills to pay. But it's not always that simple.
When you sue someone, you're trying to get money to pay for your damages. Damages are all the losses from the crash, like medical bills, lost income if you can't work, and pain and suffering.
A lawsuit is a way to legally say, "This person owes me money because of the harm they caused." But if an uninsured driver has no coverage or assets, there's nothing they can pay you.
The Challenges of Suing an Uninsured Driver
While suing might sound like a good plan, there are some serious challenges.
First, lawsuits can take a long time. It's unlike TV, where everything is resolved in an hour. Actual lawsuits can take months or even years. During that time, your bills will keep coming.
However, the biggest problem with this situation is that uninsured drivers usually don't have much money. That's often why they don't have insurance in the first place, as their policy might have lapsed because they did not keep up with the premiums.
Think about it this way: if someone can't afford car insurance, they probably can't afford to pay you thousands or more for damages. You can't get money from someone who doesn't have any.
Other Options to Consider
Knowing other options is good because suing an uninsured driver can be challenging. One important thing to check is your car insurance policy.
Many insurance policies include uninsured motorist coverage. This extra protection you can buy helps in this kind of situation. If you have this coverage, your insurance company might pay for your damages, even though the other driver was at fault.
Or if the uninsured driver has substantial assets, which is unlikely, you could go after those. Also, Florida is a no-fault state, so your car accident attorney can determine how much you can seek from your personal injury protection (PIP) coverage.
The Role of a Car Accident Lawyer
At this point, you might be feeling overwhelmed. There's a lot to think about, and it's not always clear what the best choice is. This is where a car accident lawyer can help.
A lawyer who knows about car crashes can look at the details of your situation and determine what might work best for you. A lawyer can also communicate with your insurance company. Sometimes, even with uninsured motorist coverage, insurance companies don't want to pay. A lawyer will fight for your rights and try to pursue the money you deserve.
Understanding Negligence
When we talk about car crashes, we often hear "negligence." This is an essential legal term in these car accident cases.
Negligence means someone wasn't as careful as they should have been. For example, a car crash might indicate that the other driver was speeding, not paying attention, or violating traffic laws.
You must prove that the other driver was negligent to win a lawsuit. A lawyer can help in this area. They know how to gather evidence and build a strong case to show the other driver was at fault.
How Lawyers Get Paid in These Cases
You might be worried about how to pay for a lawyer, especially when dealing with bills from the crash. At Hancock Injury Attorneys, we work on a contingency fee basis.
This means we only get paid if you win your case or reach a settlement; our fee is a percentage of the settlement you get. You don't have to pay legal fees if you don't win. This can be helpful because you don't have to pay the lawyer upfront.
Making the Decision
So, is it worth suing an uninsured driver? The answer depends on your specific situation. Here are some things to think about:
- How severe are your injuries?
- How much are your medical bills and other damages?
- Do you have uninsured motorist coverage?
- Does the uninsured driver have any assets?
- How long can you wait for a resolution?
These are all essential questions that can be hard to answer alone. That's why it's a good idea to talk to a lawyer before deciding.
We offer free consultations so you can talk to one of our lawyers about your case without paying anything. They can advise whether suing might be worth it in your situation.
The Importance of Acting Quickly
After a car crash, you might feel overwhelmed. There's so much to deal with - your injuries, car repairs, missing work, and more. But when it comes to suing an uninsured driver, time is essential.
Be Aware Of The Statute Of Limitations
Every state has rules about how long you can start a lawsuit after a car crash. These rules are called statutes of limitations, which put a time limit on filing a lawsuit after the crash. The limit in Florida is two years from the date of the accident or from when you.
Why do these deadlines matter so much? If you wait too long and miss the deadline, you can lose your chance to sue. That's why talking to a lawyer soon after a crash is so important.
A car accident lawyer knows all about these deadlines. They can tell you exactly how long you have to make a decision. They can also explain if any special rules might apply to your case.
Talking to a car accident lawyer early doesn't mean you must sue immediately. It just means you're getting good information and starting the process. Remember, keeping your options open is better even if you're unsure about suing. If you wait too long, you might lose the choice altogether. Hiring a lawyer can help you understand your options and ensure you don't miss an important deadline.
Preserve Evidence Before It Disappears
Another good reason to act quickly is evidence. Right after a crash, there's often a lot of helpful evidence available. There might be skid marks on the road, damage to guardrails, or car debris. Witnesses' memories are freshest right after the crash happens. The sooner you start looking into things, the easier it is to gather all this vital evidence.
A lawyer knows what evidence is most helpful in car crash cases. They can talk to witnesses, take pictures of the crash scene, and get copies of police reports. They might even bring in experts to examine the car or road damage.
All of this information can be helpful if you do decide to sue. It can help prove that the other driver was at fault and show how badly you were injured. But if you wait too long, much of this evidence might disappear.
Keep An Eye Out For Other Critical Deadlines
Acting quickly can also help in other ways. For example, if you need to claim with your own insurance company (if you have uninsured motorist coverage), there might be deadlines, too. A lawyer will ensure you meet all these deadlines and don't miss out on any compensation you are owed. So, while it might seem like you have plenty of time, it's best not to wait to contact an experienced personal injury attorney.
A car accident attorney will know how much time you have and what steps you might need to take next. Acting quickly after a crash with an uninsured driver gives you the most options. It keeps doors open that might otherwise close.
Reach Out to a Car Accident Lawyer
Contact Hancock Injury Attorneys today if you've been in a crash with an uninsured driver. We offer free consultations so you can get advice without cost or obligation. Also, we can help you understand your rights and options and work towards getting the compensation you deserve.