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Your options after an uninsured motorist car accident

On Behalf of | Nov 4, 2021 | Car Accidents |

A car accident, regardless of the circumstances, can drastically change your life. Your recovery from your injuries and financial losses, though, can look vastly different depending on the particularities of your case. For example, being injured in an accident caused by a negligent trucker may leave you with the opportunity to sue the trucker’s employer and therefore secure the financial resources that you need to spur your recovery. If you’ve been injured by an uninsured motorist, on the other hand, then you might be more concerned about recovering what you need just to get by, and rightfully so.

Your options for dealing with an uninsured motorist

If you’ve been injured in an accident caused by an uninsured motorist, then you need to know your options if you hope to recover some semblance of financial stability. Let’s take a look at some of them:

  • Filing a claim with your insurance: Hopefully you have an uninsured or underinsured motorist policy, which will allow you to file a claim with your own insurance company. Keep in mind, though, that your insurance company wants to get out of paying you, too. This means that you might struggle to secure an adequate payment from your insurance company, and you should hesitate before taking any initial offer provided to you. Make sure that you have a full understanding of your damages and how you can provide evidence to support those damages. This likely means gathering and presenting medical and employment records, and perhaps even gathering opinions from medical professionals in regard to your need for future treatment.
  • Pursue a personal injury claim: You also have the option to move forward with a civil lawsuit against the individual who injured you. To succeed on one of these claim, of course, you’ll need evidence showing that the driver acted negligently and that his or her negligence caused the accident in question and thus your injuries. But the biggest problem here is that most individuals who don’t have insurance don’t carry a policy because they can’t afford it. This means that they’re unlikely to be able to pay out a judgment that’s levied against them in a personal injury lawsuit, thereby leaving you with financial needs that go unmet.
  • Seeking attachment: If you end up having to pursue a personal injury claim against an uninsured or underinsured motorist, then you’ll probably want to take additional action to increase your ability to recover compensation. This oftentimes comes in the form of an attachment order, which allows you to garnish wages and maybe even seize personal property. This might not get you everything you hoped you would get out of your case, but it can help alleviate some of your damages, albeit in a piecemeal fashion.

Educate yourself on your legal options

It’s certainly not easy to deal with the aftermath of a car accident that was caused by an uninsured or underinsured motorist. But as bleak as your future may seem, take comfort knowing that you may have some strong options at your disposal. Choosing the best course of action just requires education and maybe a little guidance, which will hopefully protect your interests in both the short and the long-term. In many instances, this means working with your insurance company to find a resolution that is fair, given that oftentimes there is too much risk of non-recovery when pursuing legal action against an uninsured motorist.

So, if you’d like to learn more about what you can do to better position yourself for success in one of these cases, please continue to educate yourself and seek out assistance if you think that doing so would be beneficial to your future.