What Happens if the At-Fault Party Doesn’t Have Car Insurance?
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When another motorist is at fault in a collision, their insurance company may pay for your medical bills and auto repairs. The problem arises if the negligent motorist does not have auto insurance. What if, for example, you are injured in a Colorado Springs car accident and seek compensation, but the offending uninsured motorist claims they cannot be located?
This is a more challenging case, but that doesn’t mean you’re out of luck. You should still pursue financial compensation, particularly if you retain legal representation to pursue compensation yourself.
You may submit a car accident claim for compensation with your auto insurer or sue the irresponsible party in court if they do not have insurance.
You would assume that the other motorist in a Colorado Springs car accident will do what happens if the at fault driver doesn’t have insurance, but that’s not always the case. We can’t assume that every motorist on the road has insurance, so it’s crucial to know what to do if you’re in a Colorado Springs car accident with someone who doesn’t have it.
“78 percent of insured drivers get comprehensive coverage in addition to liability insurance, and 74% acquire collision policy,” says the Insurance Information Institute (III). Yet, there are still uninsured drivers out on the road. Most drivers don’t have insurance or inadequate coverage, so it’s essential to weigh your alternatives when encountering these motorists.
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How much UM/UIM coverage should drivers in Colorado carry?
If you are struck by a motorist who does not have their insurance coverage or who does not have enough insurance to cover your damages, UM/UIM coverage may assist. Geico states that all Colorado motorists must have registered vehicles that have minimum liability insurance coverages:
$25,000 per injured person,
$50,000 per accident,
$25,000 in property damage.
Insurance providers also require uninsured motorist coverage:
Bodily injury coverage is $25,000 per person and $50,000 per accident (though optional).
Coverage for property damage caused by uninsured motorists for $25,000 with deductibles of $250, $500, or $1,000
The necessary amounts of coverage provided by UM/UIM policies should be sufficient to pay for any losses you incur. Your UM/UIM coverage will assist in paying for the remaining costs after the at-fault driver’s insurer pays its share.
Handling a Colorado Springs car accident with an Uninsured/Underinsured Driver
When the negligent motorist lacks sufficient insurance, you proceed as you would in any other car accident. See a medical professional if you haven’t already. Even though you do not feel injured at the moment, it is essential to realize that the effects of specific injuries may not become apparent for weeks or months. You may file for financial compensation if you recover damages or incur medical expenses.
An official report filed with the police will include specifics that may be utilized as evidence against the negligent party or uninsured motorist claim. Injured parties of an uninsured motorist may be reluctant to approach law enforcement out of concern for their safety, yet receiving just compensation is paramount. The negligent motorist took a chance by not having auto insurance, and you shouldn’t have to pay for their mistake.
Photographs of the accident site, car, and injuries might be helpful. If the collision was captured on a neighboring security camera and the at-fault motorist rejects responsibility, having this evidence would be pretty beneficial. It’s also a good idea to photograph the car’s registration.
The other, at no fault state, driver’s policy and any witnesses should have their contact details exchanged with you. If witnesses are willing to testify, a case may be significantly bolstered by the testimony.
You should notify your insurance company or carrier if the collision were your fault. Contacting your own insurance policy or provider will tell you what options you have if the other motorist has inadequate coverage.
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Your Options if the At-Fault Party Does Not Have Car Insurance
It would be a mistake for many drivers not involved in a Colorado Springs car accident with a negligent driver to think they would not be compensated, even if the other motorist does not have car insurance.
Applying Your Uninsured/Underinsured Motorist Coverage if You Have It
Having uninsured motor vehicle and underinsured motorist protection is strongly recommended for drivers. If you have this sort of coverage and an uninsured or underinsured motorist causes you personal injury, or damages your car, your insurance provider will assist in covering the costs. Uninsured motorist and underinsured motorist coverage are mandated by certain jurisdictions.
If the at-fault other driver’s coverage only carried a minimum policy limit, your uninsured or underinsured driver or motorist coverage would kick in to cover the remaining costs. While waiting to file a car accident claim after a Colorado Springs car accident with an uninsured or underinsured motorist might be irritating, it is in your best interest to do so immediately.
The insurance company will want documentation of your injuries, hospital visits, and car damage. You may wish to contact a Colorado Springs car accident attorney if you believe your insurance company is undervaluing your claim since such attorneys are used to dealing with insurance companies and can take your case to court if the driver’s insurance company is uncooperative.
Filing a Lawsuit Against the At-Fault Driver
However, not all drivers will have uninsured/underinsured motorist coverage since its presence is not mandated in all states. If you don’t, you may sue the responsible person for damages. Consult with a Colorado Springs car accident lawyer experienced personal injury attorney specializing in auto accidents for advice and support. Given that they care about you and your situation, they can help you.
They’ll figure out what’s best for you. Getting financial compensation for losses sustained through no fault of your own is, of course, the ultimate aim, and a Colorado Springs car accident lawyer or personal injury lawyers might potentially assist you in reaching that goal.
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Can Standard Collision Coverage Cover the Accident?
Collision coverage, which may be added to your policy for an additional premium, can assist you in paying for your car’s damages in the event of a Colorado Springs car accident. This is true regardless of whether you or the other car was at fault for the collision or were the victim of a hit-and-run.
The expenses associated with being involved in a Colorado Springs car accident are what collision insurance is designed to cover. That’s right; the expense of getting your car fixed will be covered, not your own medical costs or bills. Of course, you may only borrow up to the amount your maximum of insurance coverage allows; if the cost to repair your car exceeds this amount, you will need to make a car accident claim.
Filing a Lawsuit Against the Other Driver
You may sue the uninsured or underinsured motorist if you’ve sustained serious injuries and your UM/UIM coverage won’t have enough coverage come close to paying your losses. This personal injury lawsuit is common in “fault” areas like Colorado, where the negligent driver must pay for all damages.
You should consult an experienced car accidents accident Colorado Springs car accident lawyer before taking any legal action. They will examine the circumstance and guide how to the best course to proceed. Most people who drive without insurance can’t afford to get it. Hence, even if you succeed in holding them legally responsible for your losses (by getting a judgment against them), they may not have much assets to pay you back.
You can only file a case against the negligent motorist if you can identify them. If you were injured in a serious hit and run driver on-and-run accident and the other motorist fled the scene, you will not be able to file a civil lawsuit against them unless you can determine their identity. You may be available to track down the hit-and-run motorist with the assistance of the police and your Colorado Springs car accident lawyer.
What to Do Right After a Colorado Springs car accident With an Uninsured Driver
No matter how the event occurred or what measures you intend to take, the first step is to collect evidence as quickly as feasible. You can get started on this immediately after a Colorado Springs car accident.
You might take the following steps to start preparing your case against the person or people responsible for the car accident.
Call the Police to Report the Accident
If there are injuries and/or property damage over $500, you must notify the police in Colorado. In general, this describes the majority of mishaps. Call 911 and report that you were in a car crash after the incident.
It’s possible that the other motorist may attempt to dissuade you from reporting the incident to the police by claiming they’d rather settle the damages themselves. Since they anticipate legal issues once the collision is recorded, this is a frequent tactic of at-fault drivers who lack insurance. But, you should prioritize your requirements; failing to report the incident might result in losing your vehicle damage and your legal rights. You should always notify authorities.
Use your phone or a camera to photograph:
The accident scene
Your injuries (and injuries of any passengers)
Anything else you think is important for your case
Take a photo or video of the other driver’s coverage, car, and license plate if they seem uneasy, shifty, or otherwise unusual. This is especially important if you believe they do not have auto insurance. The photos will serve as identification proof in case they try to flee the scene.
You should communicate the following information with the other motorist while you wait for the police to arrive:
First and last name
Insurance policy information
Driver’s license numbers
You should get this information as quickly as possible after the collision if the other driver attempts to avoid responsibility.
Tell Your Car Insurance Company
If the other motorist lacks insurance, you must file a car accident claim with your insurance provider. See what standard liability coverage for your policy’s coverage is like in this scenario.
Call a Colorado Springs car accident Lawyer
An experienced car accident Colorado Springs car accident lawyer can help you weigh your legal alternatives if your injuries are severe and your UM/UIM coverage falls short. The negligent actions of another motorist, even if they have no insurance, should not be your responsibility.
See a Doctor
Be checked out by a doctor as soon as possible following a Colorado Springs car accident. You’ll be able to prove to your insurance company that you quickly sought medical attention by doing this. The earlier your injuries are attended to, the better (which is common with many car accident injuries, such as whiplash).
Call Warrior Car Accident Lawyers for Help with Your Case
You want to know what steps to take if the person who caused the accident does not have auto insurance. If you have been in an injury with an uninsured or underinsured motorist and need legal representation, Warrior Car Accident Injury Attorneys is here to assist. No out-of-pocket costs should result from personal injury claim receiving necessary, medical treatment and care. Get your free consultation by calling 719-300-1200 right now.
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