Can I File a Claim Against an Uninsured Driver After an Accident?

If you were injured in a car accident but the driver doesn’t have insurance, you may not be sure what your options are. After all, isn’t the at-fault driver’s insurance company the one responsible for paying out a claim? You shouldn’t be stuck with medical bills or injuries after an accident that wasn’t your fault, so you may be wondering if you can file a claim directly against the driver. Our personal injury attorney in New Bern, NC is sharing the best course of action when you’ve been injured by a driver without insurance.

Should You Sue an Uninsured Driver?

The question we are most often asked by car accident victims in which the at-fault driver is uninsured is “Can I sue the driver even though they don’t have insurance?” Technically, yes. However, even if the jury finds the case in your favor, the likelihood of your collecting the damages is fairly low. Typically, uninsured drivers do not have the assets to pay a judgment as people who are financially capable of paying a judgment would also have insurance.

Filing a Claim Through Uninsured Motorist Coverage

Instead of filing a claim against the uninsured motorist, the best course of action is to turn to your own insurance policy. Legally, you are required to carry liability insurance, and part of this includes uninsured motorist (UM) coverage. Your UM coverage should pay for your medical bills and property damage when the at-fault driver either doesn’t have insurance or it’s inadequate to cover the extent of the damage. It can also be used if the at-fault driver’s insurance denies the claim, or you were in an accident with a driver who left the scene.

In certain situations, your insurance company can deny your claim. For example, there must be proof of collision with another vehicle, rather than being run off the road or having to swerve to avoid being hit. There may be additional requirements and statutes of limitations that must be met in order to establish a claim.

Do You Need a Personal Injury Attorney for an Uninsured Motorist Claim?

It is always a good idea to consult with a personal injury attorney when you’ve been in an accident that wasn’t your fault. Often, attorneys can help victims navigate their insurance claims and recover damages through both the uninsured motorist provision and underinsured motorist provision to help. At Irons & Irons P.A., we strive to get the most favorable outcome for our clients and will exhaust all options to do so.

Schedule a Consultation with a Personal Injury Attorney in New Bern Today

Attorney Harry H. Albritton is an experienced, dedicated personal injury and car accident attorney in New Bern. If you were injured in an accident through no fault of your own, reach out to our offices today at 252-320-7399 or fill out our contact form below to schedule a consultation.

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