It is important for every driver to have insurance. In fact, it is legally required. However, this does not stop everyone from driving without insurance. If you are hit by one such driver, what are your options? Unfortunately, this is a very bad situation to be in, and you may not like any of the options available to you. However, the driver who hit you is responsible for paying for damages to your car and any resulting injury. For what it is worth, you will always have the law on your side.
The Required Insurance
First things first, you should understand what the law requires of every driver. Everyone who intends to drive a vehicle needs to have an insurance policy that covers other drivers in the event of an accident. Of course, this insurance is only used if you are the cause of the accident. If the other driver hits you, then it is their insurance that should be covering damage to your car. The law does not require you to have insurance that covers your own vehicle.
File a Lawsuit
If the other driver does not have insurance, and either refuses to or is unable to pay for the damages he or she caused, then your main option is to file a lawsuit against them. The other driver was in violation of the law, so you will almost certainly win your case.
However, if the other driver does not have enough money to pay for your damages, it may be more trouble than it is worth to file a lawsuit. The court may order a portion of the defendant’s paychecks to be withheld and given to you until the full amount of the damages are paid for.
Uninsured Motorist Coverage
The best option for dealing with this situation is to have uninsured motorist coverage. Unfortunately, by the time the accident happens, it is too late to get this kind of insurance and have it cover your losses. However, this may be a good time to upgrade your policy to include uninsured motorist coverage, in case you find yourself in a similar situation again. Uninsured motorist coverage pays for the damages to your vehicle in the event that the other driver does not have the legally required insurance to cover you. Depending on the policy, this kind of insurance may or may not cover you when you are at fault.
If you plan to file a lawsuit against the driver responsible for causing the accident, the first step is to speak with an attorney, like a car accident lawyer in Tampa, FL from Jeff Murphy Law.