Total Insurance Failure and Personal Injury Claims: What to Know

23 June 2021

It's safe to say that nearly everyone is smart and responsible enough to cover themselves with auto insurance. Unfortunately, not all drivers are smart or responsible. When you are hit by an under-insured or uninsured driver, you may not necessarily be left holding the bag. Read on to find out more about dealing with this issue and the importance of getting professional personal injury help.

When the At-Fault Driver is Uninsured

If you are hit and injured by an uninsured driver, it might not help to know that all states require drivers to maintain a certain level of automobile insurance. When it comes to paying for your medical expenses and the repair of your car, you may need to depend on your own policy. However, many states maintain a fund for accident victims of uninsured drivers. Unfortunately, that sort of coverage is bound to fall short of what may be needed after a wreck.

Understanding Accident Losses

Accidents with injuries can impact a wide variety of things. Take a look at a few common accident damage categories:

• Medical expenses – usually covered.
• Future medical expenses – not usually covered.
• Car repairs – usually covered.
• Pain and suffering – not usually covered.
• Lost wages – not usually covered.

Your damages may not all be paid if you depend on what your own insurance covers.

Seeking Damages Directly From the Driver

If the other driver has no insurance or their insurance falls short of your damages, you have the option of filing suit against them personally. Careless drivers may have assets that can be used to pay some or all of your damages like the ones listed above. Here is what accident victims need to know about suing a driver without insurance:

• Once a suit is filed, your personal injury attorney will ask the judge to freeze the assets of the other driver.
• The other driver's bank accounts, investment accounts, and other assets will remain frozen until the judgment is decided.
• Property like real estate may have liens placed on it during the trial and then awarded to the victim if they win their case.
• The income of the other driver may be garnished. That means some of their paychecks will go directly to the accident victim if they win their case.

Talk to a personal injury lawyer, such as one from https://www.bangelaw.com/, about your accident case and do this as soon as possible if the other driver is uninsured. You can gain compensation in these cases but having a lawyer on your side is a key factor.