After being hit by an uninsured motorist, it is wise to speak with a car accident attorney about your options. Since these cases are complicated, it is important to hire an attorney from the very beginning and to build a case for what happened and why you deserve compensation.
Challenges Posed by Being Hit by Someone Uninsured
There are several distinct challenges when being hit by someone who does not have insurance, including:
The individual may not have any money
The individual can have other financial or legal challenges that make it difficult for one to pursue them in court
Your Legal Options
Start by hiring a car accident attorney, since this will be beneficial both in negotiations and in the court room.
In this situation, the best case scenario is that an accident victim has an uninsured motorist policy. Auto insurance companies can include uninsured motorist coverage when making a quote. Many people do not pay attention to what is on their insurance policy, it is wise to have this included and typically does not add very much to the insurance premiums.
This way, if someone is hit by a driver with no insurance, their own insurance policy will be responsible for paying at least a portion of the medical bills and other financial damages. When one of these policies is in place, an attorney is still helpful in handling negotiations. Insurance companies make more money by paying less on claims, so having an attorney makes it easier to increase the payout amount. If this type of policy does not exist, the only available option will be to sue the negligent party in court.
To Protect Your Rights
At this point, an attorney will need to present evidence demonstrating that the other driver was negligent and at fault for the accident. This will be done using evidence gathered during the discovery process. Afterward, the jury will need to hear:
how the accident has impacted a victim
the nature and extent of the injuries
how likely it is the victim will recover
the financial impact
This allows a jury to determine who was at-fault for the crash and what the value of the injury claim is. Typically, a jury will award money to pay for economic damages like medical bills and lost wages. They may also award money for pain and suffering which is designed to compensate for the loss of a victim’s quality of life.
For example, if an accident victim loved to garden but can no longer do so because of the accident, the jury may award money to compensate for that impact on their life.
Once a jury has made a decision, the verdict will be read and a judge will order a judgment against the negligent party. They will then have a period of time in which to pay it and if they do not, an attorney can go back to court and ask the court to enforce the judgment.
Schedule a Consultation with A Car Accident Attorney
I would be happy to provide assistance, answer your questions and discuss legal options. To determine the best way to proceed with your case, call and schedule an appointment with my office.
Note: This is for information only and does not constitute legal advice.