Can I Be Compensated After a Car Accident Involving an Uninsured Driver?

by Max Richardson
Kirkcaldy Train Station car accident

Getting into a car accident is stressful enough without having to be concerned about how you are going to file a compensation claim. The anger and frustration you will feel if you have suffered injury through no fault of your own can be considerable, but these feelings multiplied if you discover that you have had the misfortune of being hit by an uninsured driver. But what should you do if you are involved in a crash of this type?

Uninsured Drivers

Unfortunately, not everyone on the road is as responsible as you and many look to cut corners as far as insurance is concerned. On the other hand, the good news is that the number of uninsured drivers currently on the road in the United States has halved in the last 10 years as a result of advances in license plate recognition technology and improved policing strategies for catching uninsured drivers. 

Nonetheless, it is estimated that around 12-13 percent of drivers in the U.S. currently have no vehicle insurance. This figure varies widely across different states, and states like Florida and Mississippi have three to four times as many as states like Maine and New York. 

Can I File a Claim for Compensation When Hit By an Uninsured Driver?

No-Fault Laws

It is a common misconception that the other driver involved in a road traffic accident needs to be covered by an insurance policy for you to claim for compensation. Unfortunately, this misconception prevents many people who are entitled to compensation for injuries, psychological trauma and medical bills from filing legitimate claims. Many states today, such as New Jersey and New York have no-fault laws regarding car accidents. Otherwise known as Personal Injury Protection (PIP), these laws make it possible for a driver to claim compensation to cover medical bills and loss of earnings, whoever is at fault.

Uninsured Driver Coverage

If the accident occurs in a state which does not have PIP laws, making a compensation claim depends on having uninsured driver coverage as part of your motor insurance. While in most states insured driver coverage is optional, it is a legal requirement in other states. This coverage will allow you to make a compensation claim to cover expenses incurred due to vehicle damage or personal injury. 

Health Insurance

If you suffered serious injuries that exceed the minimum stipulated by the PIP laws in your jurisdiction, it is possible that you can claim on your health insurance to cover your medical bills. In the event that your case is not covered by the first two options above, you should check to see whether your health insurance policy covers things like physical therapy sessions and other expenses.If you are hit by an uninsured driver, you should seek the advice of an experienced attorney right away. There is usually a way that you can claim compensation, but you will need to act quickly to cover all bases if you are to win a payout. For additional information regarding your compensation rights after getting into a car accident with an uninsured driver: https://www.ruttermills.com/virginia-car-accident-lawyers/uninsured-motorist-accident-lawyer/

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