How to Sue an Uninsured Driver
Suing a motorist who is uninsured can be problematic because of certain laws set in place; however, drivers who have extra coverage from those who are uninsured are allowed to be paid for all damages. The extra coverage cost more, but it will make accident payments go quicker. On the other hand, an attorney might have to fight the case in court for the damages if state limitations are held holding back insurance companies from paying these claims.
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Instructions
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Collect all information after the car accident has taken place. Take pictures of the damage from all the vehicles involved. Collect witness statements and the information of the uninsured driver. Contact the police department, if officers were called to the scene, to request a copy of the police report.
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Call your insurance agency to see what type of coverage you have. The insurance agency may be able to handle the problem if you have coverage against uninsured drivers. The agency will sue the uninsured person under the law for the damage. Hire an attorney who is familiar with auto accidents if the insurance company will not pay the damages. Send the attorney all of the information that was collected at the accident scene. The attorney will look over all of the options.
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Sue the uninsured driver for damages if the state law permits it. The uninsured driver will not have an insurance company to sue for the damages, so the driver himself or herself must be sued for monetary damages of the car and bodily injury.
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Tips & Warnings
Keep a disposable camera and notepad with pen in the car at all times in case of an accident. These tools can help create a case against the uninsured driver. Always call the insurance agency first to see if you are covered against uninsured drivers before hiring a costly attorney.
