When in a car accident in Atlanta with an uninsured driver, you may need to file a lawsuit before receiving compensation for your injuries. However, consider that many uninsured drivers may simply not have funds to compensate you for your injuries even if held directly liable. So even if you file a claim, you may not receive the compensation you expect. This article discusses if you can claim an uninsured driver after an accident.
Who Could Be Responsible for an Accident?
If you have been involved in an accident, a lawyer can help investigate and identify any other parties that contributed to the accident. We look at some of these parties below.
The Vehicle Owner
Did the vehicle owner knowingly allow an uninsured driver to get behind the wheel? Did the owner fail to maintain the vehicle properly? Sometimes, the owner in the case of corporate or fleet ownership may share liability for an accident that occurs in the car.
The Company That Employs a Driver on the Clock
Was the driver who caused your injuries working at the time of the accident? If so, the driver’s employer could share liability for the accident, especially if the company’s unrealistic requirements led to the crash.
Working with an Atlanta car accident attorney offers the best chance at identifying all the parties that may have contributed to the accident. Often those other parties may carry substantial insurance policies or have the resources that can help give you the compensation you need.
Steps to Take After an Accident With an Uninsured Driver
Regardless of whether the driver that drives you in the case of an accident has insurance or not, you should take these five steps after the accident to protect yourself.
File a Police Report
An uninsured driver will attempt to tug at your heartstrings with words like “Please don’t report to the police, I don’t have insurance,” e.t.c. You may feel compelled to avoid reporting the accident due to emotional manipulation from the liable driver. However, failing to report the accident could prevent you from getting compensation from your insurance company or any other parties that may have contributed to the accident.
Not only that, but it could also make it very difficult to prove who caused the accident. In addition, you could also face legal penalties for leaving the scene of an accident unless you do so to seek medical care, summon help or remove yourself from a potentially unsafe situation.
Do Not Accept Liability or Even Partial Liability for the Accident
If you accept even partial liability for the accident, however, inadvertently, you may find yourself on the line for a percentage of the damages. That may mean that your insurance has to pay for the other driver’s vehicles and injuries, not just yours. Therefore, avoid making any statement that could seem like an admission of liability for the accident and your injuries. Offer honest answers to any question asked by the police but do not go into unnecessary detail or make potentially incriminating statements.
Pursue Medical Evaluation and Care
You may believe that you did not suffer any injuries at the scene of the accident. But, most auto accident victims discover injuries hours or days after the accident. So ensure you get medical attention.
Get in Touch With All of Your Insurance Companies
If you sustained property damage or injuries in an accident with an uninsured driver, you might need to contact your auto and health insurance providers. However, consider that insurers have their bottom lines to worry about, so be cautious in your dealings with insurance companies.
Can You Make a Claim After an Accident With an Uninsured Driver in Atlanta?
With all we’ve discussed, it is clear that you can claim a collision against an uninsured motorist. Since you cannot make an insurance claim against the fault driver, you can use your uninsured motorist coverage policy if you have one to pay for your losses.
Afterward, you can file a lawsuit against the uninsured driver. Note that your insurance company can choose to pursue legal action against the motorist to recover the amount paid to you as compensation. Whatever the case, let an Atlanta auto accident lawyer advise you on the right path to take.
Work With a Trusted Car Accident Attorney in Atlanta
A car accident lawyer can offer numerous advantages following an accident with an uninsured driver. At The Weinstein Firm, we combine our decades of experience to ensure you get the compensation you deserve. Give us a call today.