I Was Hit by a Driver Who Does Not Have Insurance – What Should I Do?

Even if you hate paying your premiums, car insurance is an important part of protecting you and others in the event that you are in a crash in South Carolina. In our state, drivers are required to carry bodily injury liability coverage and property damage liability coverage – both of these insurance types are used to pay for damages incurred to others in the event that you cause a crash.

But what happens if another driver causes a crash? When they carry insurance, you can recover compensation through their insurance policy. But what about if they do not have insurance? What other options do you have for recovering compensation after a car accident with an uninsured driver?

Other Sources of Insurance that are Available After a Crash

The good news is that in most cases, there are other sources of insurance available that can help you to pay for damages after a crash, even if these insurance policies are not ones held by the at-fault driver. Examples types of insurance policies that you may benefit from include:

  • Uninsured or underinsured coverage. If you are in an accident with an uninsured driver, hopefully you have this policy type. At the policy’s name implied, an uninsured policy will pay for damages you sustain in a wreck if the driver who hit you and was at fault for the crash does not have insurance, or does not have adequate insurance. According to the South Carolina Department of Insurance, you must carry uninsured motorist coverage in an amount that is equal to the minimum amounts of liability coverage. Typically, this includes a $200 deductible.
  • Other personal car insurance options. There are a handful of other types of insurance coverage types that can help to pay for your losses after a crash. For example, collision coverage will pay for physical damage to your vehicle after a crash, and medical payments coverage helps to pay for your medical expenses after a crash. Neither of these insurance types are required.
  • Health insurance. If you carry health insurance, then your health insurance policy can be used to pay for your medical expenses after an accident up to your policy limit. Remember, you will have to pay your deductible – which can sometimes be thousands of dollars – before your insurance payments will kick in.

If you carry any other types of insurance listed above, they may apply depending upon the circumstances of your case. Our attorneys can help you to explore different avenues of compensation.

Negotiating With Your Insurance Company

One of the downsides of working with multiple insurance policies after a crash is that each policy wants the other one to pay first; no company is usually willing to fork over thousands of dollars. This can be extremely frustrating, especially when already dealing with the fact that you do not have access to the insurance policy (because it does not exist) of the driver who hit you.

Knowing how to negotiate with your insurance company and hold your ground is very important to recovering your full compensation amount. At the law offices of the Joye Law Firm, our attorneys are talented negotiators, and will advocate for you.

Can I File a Lawsuit Against an Uninsured Driver?

Many people wonder whether or not they can file a lawsuit against an uninsured driver after a crash. While you certainly retain the right to do so, filing a lawsuit against an uninsured driver is not always in your best interest. This is because even if you can prove the negligence of the other driver, they may not be able to pay you a cent for your losses. Typically, it is the insurance company who pays out damages when a driver is named in a lawsuit; the fact that the at-fault driver doesn’t have insurance – and very likely did not purchase insurance because of a lack of funds – suggests that there may be no money available for you to recover. We can investigate this further to determine whether or not filing a lawsuit is a smart idea.

Contact Us Today for Legal Help After a Car Accident With an Uninsured Driver

If you have been in a crash with an uninsured driver and want to learn more about your options and how to recover compensation, even though filing a claim with the other driver’s insurance company is not an option, call our law firm today. We have the experience you are looking for when it comes to car accident claims involving uninsured drivers, and will work hard for you. You can call our office now to schedule your free consultation.

About the Author

Mark Joye is the Head of the Litigation Department at the Joye Law Firm. A Board-Certified Trial Advocate with nearly 30 years of litigation experience, he currently serves on the Board of Governors for the American Association for Justice and is a past president of the South Carolina Association for Justice. In a recent trial, Joye headed a trial team that secured $17 million for a family killed in a tractor-trailer accident.

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