8 Things to Do if You Were Hit by an Uninsured Driver

uninsured driver

According to the latest data, roughly one in eight drivers is uninsured. This represents almost 13% of all motorists. If you are involved in an accident with an uninsured driver, then it’s important to know how to act. The steps you take immediately following the collision and the days that follow could impact your physical and financial recovery.

Today, we’re sharing eight things to do if you find yourself in this situation. We’ll also share how the right legal team can help you recoup your losses and get back on the road with confidence.

1. File a Police Report

It’s common for uninsured motorists to use emotional manipulation to convince you to keep the accident quiet. If they’re forthcoming about their lack of coverage, then they may explain that they can’t afford to have the incident on their record or any other type of story.

While you may be tempted to follow along with their plan, it’s always smart to call the police and file an official report. This way, there is a documented record of the accident, which can help your case. Not only can a police report detail who is at fault, but it can also help you receive compensation from your insurance agency or the other driver.

As soon as the accident occurs, call 911 and wait at the scene. The police will collect contact information, take witness statements, and gather evidence. All of this information will be available in the report. 

2. Gather Information

While you’re at the scene of the accident, gather as much information and evidence as possible.

Take photos and videos, and collect statements from witnesses, if possible. Inspect your vehicle for signs of damage. All of these records will become evidence later on, and it’s best to capture them in the moments immediately following a collision.

Otherwise, the time stamp on those pieces could work against you. For instance, a judge might question why you waited two weeks to take your car to the repair shop. If you can prove that the damages occurred on the date that you said they happened, then you can add validity to your case.

3. Exchange Information With the Driver

Before the other driver leaves the scene, it’s imperative to gather their contact information. This includes their:

  • Cell phone number
  • Address
  • VIN number
  • License plate number

Without this data, it can be hard for the police or your insurance company to track down the other party. This can lengthen the claims process and make it much more complicated.

4. Seek Medical Care

As soon as you are able, go ahead and seek medical care after your accident. This step is recommended whether you feel physically hurt or not. Many soft tissue injuries can take a while to manifest, so it’s a good idea to get checked out regardless.

Your doctor will be able to create a record that details the extent of your injuries, along with any other follow-up treatments or therapies that you pursue. You may be able to receive compensation for some of this care, but you will need evidence that you visited your physician.

5. Review Tort Liability vs. No-Fault

In a no-fault state, each driver will pay for their own injuries and damages inflicted during an accident. These charges will go up to a set amount, regardless of which person was at fault.

On the other hand, tort liability requires the offending driver to reimburse the victim for the harm that they caused. California uses a tort liability system, which means that determining fault is critically important.

6. Contact Your Insurance Company

Next, place a call to your auto insurance provider. If you were hit by an uninsured motorist, then your agent needs to know about it. You may be required to give a verbal or written statement about your claim, but keep in mind that insurance agencies are concerned with their own bottom lines. 

Only speak on the basic details of the accident, and avoid accepting any blame. If possible, hire a car accident attorney who can communicate with the insurance company on your behalf. 

7. Review the Initial Settlement

Once you get your insurance company involved, you may receive an initial settlement offer that explains what they’re willing to pay toward your case. While you may want to accept it and move on, don’t do so without talking to your attorney, first.

Often, these are low-ball offers that will maximize earnings for the insurance company and cut into your profits. An attorney can help you fight for the full compensation that you require and deserve. It might be easier for the other parties to settle your claim as quickly as possible, but this doesn’t usually work in your favor. 

If you do accept the offer, then keep in mind that most insurance companies will then make you sign a special waiver that prevents you from suing for additional damages. If you have any doubt at all about the amount, always request the assistance of a legal professional.

8. Hire a Reliable Car Accident Attorney

If you haven’t hired one by this point, then it’s time to bring a trusted car accident attorney onto the case. This is an expert who has worked on cases very similar to yours in the past and knows exactly what to expect and how to guide you.

A few of the ways an attorney can help you navigate this process include:

  • Explaining the claim process in detail
  • Reviewing your insurance policy and explaining what you should receive
  • Analyzing the details of the accident and determining potential liability
  • Negotiating with your insurance company
  • Creating and submitting the claim on your behalf

This simple step can take a ton of weight off your shoulders. Unless you’re fully confident that you can handle the impending legal process on your own, ask a reputable attorney to take the reins.

Hit By an Uninsured Driver? Your Next Steps

It’s stressful and disheartening to be in any type of car accident. This is especially the case if you’re hit by an uninsured driver. You may wonder how the compensation process works, or if you’ll receive any type of restitution at all.

At Sweet Law, we’re well versed in this process and can walk you through every step. Our experienced car accident attorneys are on hand to provide a free consultation, so reach out to us today.

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