What Are My Options If I’m Injured in a Car Accident with an Uninsured Driver?  

What Are My Options If I’m Injured in a Car Accident with an Uninsured Driver?  

Being injured in a car accident is challenging enough, but the situation becomes even more complicated when an uninsured driver is involved. While Illinois law mandates that all drivers carry auto insurance, the reality is that many fail to comply. In fact, the Insurance Research Council estimated that 11.8% of Illinois drivers were uninsured in 2019. Finding yourself in this position can feel overwhelming, but there’s no need to lose hope. At SAM LAW OFFICE, LLC, we’ve helped numerous clients secure compensation for their injuries, even in cases involving uninsured drivers. In this post, we’ll outline your options for recovering damages, including coverage for medical bills, lost income, and more.

Seek Compensation from Your Own Insurance

After being involved in an accident with an uninsured driver, one of the first options to consider is making a claim with your own insurance company. In Illinois, all drivers are required to carry uninsured motorist coverage as part of their auto insurance policy unless they explicitly reject it in writing. This type of coverage is designed to protect you financially if you’re injured by an uninsured driver or involved in a hit-and-run accident. By filing a claim under this coverage, you can recover damages up to the policy limit, including medical expenses, lost wages, and property damage. However, be aware that insurance companies often aim to minimize payouts, which could result in receiving less compensation than you deserve. To combat this, it’s crucial to have an experienced car accident attorney advocate on your behalf to negotiate a fair settlement. The pros of this option include the possibility of quick compensation without needing to go to court, while the cons include potential disputes with your insurer over the settlement amount.

File a Lawsuit Against the Uninsured Driver

Another option is to initiate a lawsuit against the uninsured driver. Although the prospect of suing someone might seem daunting, this route can sometimes lead to recovering compensation, especially if the driver possesses assets or sources of income that can be used to satisfy a judgment. Filing a lawsuit involves several stages, including gathering evidence, filing legal documents, and potentially going to trial. The benefit of this approach is that it allows you to seek full compensation for your damages beyond the limits of your insurance coverage. However, there are significant risks, such as the time and cost associated with litigation and the possibility that even if you win a judgment, the driver might not have the financial means to pay it. This underscores the importance of having uninsured motorist coverage as a backup, which can provide financial protection for any remaining damages.

Pursue Other Forms of Compensation

In some situations, there may be additional parties who bear liability for your injuries. For instance, if a defective vehicle part caused the accident, you could pursue compensation from the manufacturer through a product liability claim. This process would involve proving that the defect directly caused the accident and your injuries. Alternatively, if the driver was operating a company vehicle at the time, their employer might be held responsible under the legal doctrine of vicarious liability. This would require demonstrating that the driver was acting within the scope of their employment when the accident occurred. The advantage of pursuing these avenues is the potential for larger compensation pools, given that manufacturers and employers typically have more resources than individual drivers. However, these cases can be more complex and time-consuming, often requiring the skill of an experienced attorney to navigate the legal challenges and build a strong case.

Contact a Skilled Car Accident Attorney

No matter what option you choose, it’s important to have a skilled car accident attorney on your side. At SAM LAW OFFICE, LLC, we have extensive experience defending clients against uninsured drivers. We are tireless in our fight for fair compensation for your injuries and other damages. Our dedicated team is here to guide you through the legal process and help alleviate some of the uncertainty that comes with being injured in a car accident. Don’t face this difficult situation alone; contact us today to discuss your case and learn more about your options for pursuing compensation.