Lakewood Car Accident Attorney
When an uninsured motorist injures you or damages your vehicle, you have two options for compensation:
- Sue the uninsured motorist for damages, or
- File an uninsured motorist claim against your own insurance provider.
Suing an Uninsured Motorist
Because most uninsured drivers have limited money or assets, suing them for damages is typically not the most productive means of collecting from them. In fact, winning a judgement against a person with very little money generally yields little or no financial compensation.
If, however, the court determines the defendant does have some money or assets, the court may construct a payment plan ordering the defendant to pay you a pre-determined dollar amount every week.
Typically, this is not a desirable situation because the payment amount is usually very small, and every time the defendant stops paying, you and your lawyer must return to court and begin the process all over.
Filing an Uninsured Driver Insurance Claim
Your alternate course of action for collecting damages from an uninsured driver is filing a claim against your own insurance provider under your uninsured motorist coverage.
Some insurance companies impose stringent requirements on their clients concerning potential uninsured claims. So, you should contact your insurance provider immediately if you suspect the driver who hit you is uninsured.
Claims for uninsured motorist coverage are handled similarly to traditional car accident claims, with one exception. If you and your insurance company cannot reach an agreement on a settlement figure, you are not allowed to file a lawsuit against them. Alternatively, the case would go to binding arbitration, which is less formal than a lawsuit. If this process does not yield a settlement, the case would go before an arbitrator, or panel of arbitrators who would make the final decision. Being dissatisfied with the decision of the arbitrator leaves you with few or no options for appeal.
Another important point about uninsured motorist benefits is that they cannot exceed the limits of your primary auto coverage. For instance, if you carry $100,000 coverage for your own potential negligence, you would also have up to $100,000 in uninsured driver benefits.
Contact Our Experienced Lakewood Car Accident Attorneys
If you or someone you love has been injured in a car accident with an uninsured driver, you need a law firm on your side from the very start. You have a right to be compensated for your injuries, but that can be complicated when the at-fault driver is uninsured. Call Lakewood attorney Robert Paysinger today to discuss your case. Our law firm offers FREE case consultations and can be reached at 303.279.0221.
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