If you are in a car accident with an uninsured driver, you have the right to pursue legal action against them to recover the losses you sustained in a lawsuit against that party.
However, if you have uninsured motorist coverage, you may be able to file a claim against your own insurance policy to recover your damages. A Hartford car accident lawyer can assist with your claim.
When the Uninsured Driver Causes the Accident
Let’s say Person A caused the accident, and they’re uninsured. They will then be personally responsible for all damages. However, Connecticut requires all drivers to carry uninsured motorist coverage, which may cover a portion of what Person A owes Person B. But Person A would be liable for any amount that exceeds the uninsured motorist coverage.
Unfortunately, obtaining damages from an uninsured driver is not always easy. Suppose the court grants a judgment against Person A. In that case, this judgment may provide Person B with several ways to obtain the damages, including wage garnishment, in which the court orders the defendant’s employer to send a portion of their paycheck to the plaintiff.
But this still might not result in a satisfied judgment, as most people who drive without insurance have little to no assets or income.
No matter what a court decides, it cannot take money from a person who does not have any. This is why carrying uninsured motorist coverage is critical. Learn more in our FAQs section.
Connecticut Is a Fault State
Connecticut is a “fault” or “tort” state, meaning the person who caused a car accident is generally liable for the other driver’s property damage, medical bills, lost wages, and pain and suffering.
But what if one of the drivers involved in an accident is uninsured? According to the Insurance Research Council, one in eight drivers lacks basic coverage. The odds of an accident involving an uninsured driver, therefore, are much higher than many would believe. Here is an overview of what may happen to a personal injury claim when the accident involves an uninsured driver.
As a fault state, the ultimate recovery of damages is the responsibility of the person who causes your injuries. That is, you can pursue legal action against that party to recover fair damages. That does not always yield desirable results if the person lacks assets.
When the Uninsured Driver Does Not Cause the Accident
If Person B (the insured driver) causes the accident, Person A (the uninsured driver) might still have trouble obtaining compensation. This is because many insurance companies choose not to cover damages for uninsured drivers—even if they did not cause the accident.
Furthermore, the penalties for driving without insurance can be severe. In Connecticut, a person found driving without insurance is guilty of a class C misdemeanor, which can mean a $500 fine and/or 3 months in prison. An uninsured driver can also lose their license and registration. These consequences exacerbate any damages the uninsured driver must cover, either for themselves or for the other driver.
If this situation applies to you, we recommend seeking the help of an attorney as soon as possible to protect your rights. Do not assume you are protected from claims made against you, and be sure to review our case results to learn more.
File a Claim with Your Uninsured Motorist Coverage
If you have uninsured motorist coverage, you have a way to recover the damages owed to you. This is a policy you purchase and carry alongside other insurance products. It covers you in situations where another person does not have insurance and that party causes injury and losses to you.
Document all of your losses accurately on your claim. This should include economic and non-economic damages owed to you. You will need to provide evidence, as you would with any type of insurance claim, to recover the damages owed to you.
You can file a claim for up to the value of your uninsured motorist coverage. The value depends on the amount of insurance you purchased, which may not be enough to cover all your losses in some situations. However, you can still provide a claim up to the value of the coverage you have. Schedule a consultation to meet our team today.
Seek Out a Lawsuit Against Other Parties
If you are in a car accident with a driver who does not have insurance, but you can show that someone else contributed to the accident, you may be able to pursue compensation from that party as well. For example, if you are in a car accident with a driver who was on duty while working, you may be able to seek a claim against the employer as well.
It can be challenging to determine if any third parties may be involved and responsible for the injuries and losses you have. That is one of the reasons you need to work with an attorney who can provide you with a comprehensive look at all factors related to your case. Your lawyer’s job will be to gather as much information as possible to find any other party to hold accountable.
Your attorney will then seek legal action against any party that can be held accountable. This may help you to recover more of the losses you sustained as a result of the accident, but it is not certain that you can do so.
That is, there are times when you will still need to seek a lawsuit against the at-fault party to seize their assets. Having an attorney to guide you through this can be critical.
Personalized Help with Complex Accidents
When an accident involves an uninsured driver, navigating a personal injury claim can become exceedingly complex.
At the Law Offices of James A. Welcome, we can help you understand your rights and responsibilities, and we can advocate for your best interests both in and out of the courtroom. Give us a call or contact us online to get started on your case immediately.
