Although most states have laws that require drivers to have insurance before operating a vehicle, some drivers still do not have coverage. If you have the misfortune to be sideswiped by one of those uninsured drivers, recovering payment for all of the damages you suffered might end up being tricky. Here are some possible solutions to getting your damages paid for.
Settle With the Driver
If the driver is willing to take responsibility for the accident, you can attempt to settle with him or her for the amount that is owed to you. Once you have reached a settlement, have your attorney draft an agreement. If the other driver reneges on the agreement, you can use your written evidence to support your claim in court.
In the event that the other driver takes responsibility for the accident, but does not agree to the amount owed, you can try mediation to negotiate the damages. Whether or not you do is strictly up to you, but it is an option if you are willing to accept a lower amount for your damages.
File an Uninsured Driver Claim
Depending on the insurance coverage that you have, you might be able to file a claim with your own insurance company to get your vehicle repaired. When you file the claim with your insurance company, it will investigate the circumstances of the accident and decide whether or not you or the other driver was at fault. If it is determined that the other driver was at fault, the insurance company will process your claim and you can get your car repaired.
The insurance company then takes on the responsibility of recovering damages from the other driver. If you have other damages, such as medical bills, you can file a lawsuit against the other driver.
File a Lawsuit
When you file a lawsuit against the other driver and win, you have the benefit of an order being issued that states your right to be compensated. If the other driver does not fulfill his or her obligation to pay, you can ask the court to help you with collecting the awarded amount. For instance, you could ask the court to issue an order to garnish his or her wages until you are fully compensated.
A personal injury attorney can help you with determining what you should do in your situation. If there are any other legal options available to you, your attorney can also help you exercise those, if necessary.
