What Happens if the At-Fault Party Does Not Have Car Insurance?

Just imagine the following: you are driving on a busy street and then, suddenly, another car backs right into your vehicle.

You step out of the car and talk to the other driver. This driver says they have no car insurance. And, because of this, you worry that recovering compensation will be more difficult than it should be.

Learning what to do if the at-fault party does not have car insurance, and speaking with a Nashville car accident lawyer, may make pursuing a claim a little less challenging.

What happens if the at-fault party does not have car insurance?

If the at-fault party does not have car insurance, you may not be able to collect from their insurance company, and recovering money from them personally can be difficult. You may still be able to recover damages for the injuries you sustained through your own uninsured motorist coverage or by suing the at-fault driver.

What should you do if the at-fault party does not have car insurance?

If you were in a car accident, and the at-fault party does not have car insurance, you might want to do the following:

• Take photos and videos of the accident, as well as the injuries you sustained.
• File a crash/accident report with your local police station and then get a copy of the report for your own records.
• Report the accident to your insurance company.
• Speak with the at-fault driver and obtain their identity/contact information.
• Talk to the people who witnessed the accident and obtain their contact information.

Doing the above can help you obtain damages for a car accident if the at-fault party does not have car insurance. But, these actions are, in most cases, little more than a stepping-stone to obtaining compensation for the damages you sustained: you may need to work with a car accident lawyer who can help you pursue further legal action.

What are your legal options if the at-fault party does not have car insurance?

Filing a personal injury lawsuit against the at-fault party

If you were in a car accident and you sustained injuries as a result, you may be able to file a personal injury lawsuit against the parties responsible for the accident. This generally applies to any car accident, unless you were 50% or more at fault for it, including those that involve an at-fault driver with no insurance.

For example, if you were rear-ended by a driver with no insurance and being rear-ended led to you breaking your ribs, you can file a personal injury lawsuit against this driver. By filing a personal injury lawsuit, you may be able to obtain compensation for the damages associated with the injuries you sustained as a result of the car accident, some of which might be as follows:

• Pain and suffering
• Your medical bills
• The long-term care you require
• The wages you lost from work
• The long-term income/wages you may lose

In rare cases, you may be able to obtain punitive damages for egregious conduct. These damages punish intentional, fraudulent, malicious, or reckless behavior. Driving without insurance, by itself, likely is not enough.

Filing a personal injury lawsuit is rarely easy. You need to prove that the at-fault driver owed you a duty of care and that their negligence led to you sustaining damages. At Rocky McElhaney Law Firm, we have helped many clients pursue compensation for injuries sustained in car accidents. While past results do not guarantee future outcomes, they do show our commitment, and we are proud of our successful track record.

Obtaining compensation from your auto insurance policy

Tennessee requires auto insurance policies to include uninsured motorist coverage by default, unless the named insured rejects it or selects lower limits in writing. Underinsured motorist coverage may also apply when the at-fault driver’s insurance is insufficient. This coverage works to protect you if you are hit by a driver with no insurance or not enough insurance to cover your injuries.

By filing a claim under your auto insurance policy, assuming you have Uninsured/Underinsured Motorist coverage, you may be able to obtain compensation for the same damages outlined above.

Every Uninsured/Underinsured Motorist coverage policy comes with specific policy limits. Your damages may exceed the policy limits, preventing you from receiving the damages you are owed. For example, if you sustain $90,000 worth of medical bills along with permanent damage to your income-earning abilities, and your policy only covers $30,000 worth of damages, you will not receive the money you need through insurance alone (though other legal options may still be available).

In the event that your policy does not encompass the damages you sustained, or you do not have Uninsured/Underinsured Motorist coverage, filing a personal injury lawsuit may be the best choice.

Personal injury lawsuits have filing deadlines that must be met. Contacting a personal injury lawyer after an uninsured driver hits you should be done as soon as possible.

How can a personal injury lawyer help you?

A personal injury lawyer can help by:

• Gathering and presenting evidence that supports your claims.
• Filing a personal injury claim or an insurance claim.
• Calculating the damages you are owed.
• Negotiating with the insurance company.
• Taking your case to trial, if necessary.

When working with a personal injury lawyer, you can help by:

• Describing the accident.
• Sharing any evidence you have, such as photos/videos.
• Detailing the damages you sustained.
• Clarifying the treatments you have undergone/are undergoing.
• Asking them about your next steps.

Contact one of our Nashville car accident lawyers today

Being in a car accident that was caused by someone else’s negligence and sustaining damages as a result of this accident can make you eligible for compensation. At Rocky McElhaney Law Firm, our Nashville car accident lawyers can help. Contact us today.