You’re driving down the street and suddenly, BAM! You’re hit by another car. Even if the other driver has insurance, you may be wondering whether or not you can sue them for damages. What happens if the other driver doesn’t have insurance? Can you still get compensated for your injuries and property damage?
This is a question that many people ask after they have been in an accident with someone who does not have insurance. The answer to this question can be complex and depends on a variety of factors.
The answer is that you may be able to sue an uninsured driver for damages, however, the process can be more difficult than if the driver had insurance.
Suing an Uninsured Motorist
When you are hit by an uninsured motorist, you have a few options for seeking compensation. You can file a lawsuit against the driver, attempt to settle the matter out of court, or file an uninsured motorist claim with your insurance company.
Filing a lawsuit against an uninsured driver can be difficult. Without insurance, the driver may not have the money to pay for your damages. Even if you win your case, you may not be able to collect the money you are owed.
Attempting to settle the matter out of court is often unsuccessful. The driver may not have the money to pay for your damages, and even if they do, they may not be willing to give you the full amount you are owed.
Filing an Uninsured Motorist Claim
Filing an uninsured motorist claim with your insurance company is often the best option especially if you have purchased uninsured/underinsured motorist coverage. After collecting the driver’s information, your insurance company will investigate the accident and attempt to recover the money you are owed from the other driver. If the other driver does not have insurance, your insurance company may be able to pay for your damages.
Do Insurance Companies Go After Uninsured Drivers?
Yes, this process is called subrogation which is when your insurance company pays for your damages and then tries to get reimbursement from the other driver. It’s the legal right of the insurance company to seek reimbursement, and most insurance companies have a team of lawyers dedicated to this process.
Subrogation can be a confusing process, which is why it is highly beneficial to have a car accident attorney by your side.
Suing an Uninsured Driver for Damages in California
Each state has its own laws regarding suing an uninsured driver for damages. In California, injured parties are allowed to use the civil court system to get compensation for damages.
When To File a Personal Injury Lawsuit Against an Uninsured Driver
While you may be able to file a claim in court, you must do so within two years of the accident. Also, if you are considering filing a personal injury lawsuit against an uninsured driver, it is important to speak with an experienced lawyer. A lawyer can help you understand your rights and options and will work to get you the compensation you deserve.
Your Trustworthy Car Accident Lawyer in San Diego
As you can see, there are a few options for seeking compensation if you are hit by an uninsured driver. However, the process can be complex and difficult. If you have been in an accident with an uninsured driver, it is important to speak with a San Diego car accident lawyer who can help you understand your rights and options.
Here at The Law Office of Michelle Gershen, we understand how complex and difficult the process can be. As professional car accident lawyers in San Diego, we are here to help. With our unique knowledge of the law and years of experience, we can help you get the compensation you deserve.