Suing an Uninsured Motorist: What are Your Options?
With the rising cost of auto insurance, the likelihood that you’ll be involved in an accident with an uninsured motorist is likely to grow in the future. The problem is, if you’re injured in the accident or your car receives a lot of damage, then recovering damages from such a driver becomes much more complicated.
You essentially have two options when it comes to recovering damages after an accident involving an uninsured motorist – you either have to sue the uninsured driver personally or you have to file a claim for uninsured motorist benefits with your own insurance company. Both cases offer different challenges, which our uninsured motorist attorney in Supply NC will discuss here.
Suing an Uninured Driver Personally
While it may make sense from an emotional standpoint to sue the person responsible for your injuries or vehicle damage, the reality is suing an uninsured motorist rarely delivers the financial assistance you need. The reason is because most uninsured motorists don’t have much money or assets.
Therefore, even if you win a settlement against the driver, you will have a hard time collecting. And, if you take the driver back to court for failure to pay, the court may even declare the individual legitimately unable to pay the judgment.
In the best case scenario, the court will arrange a payment plan. The problem with this is that it is usually a very small amount to be paid to you weekly. Then, you have the task of paying your lawyer a cut of the payment. Worse yet, if the driver stops paying, you and your lawyer will have to take them back to court to start the entire process over again. The only time suing a driver personally makes sense is when your attorney discovers that they have money or assets hidden away.
Filing a Claim With Your Insurance Company
The most reliable way to recover damages after an accident with an uninsured motorist is by filing a claim with your own insurance company. The thing you need to remember when taking this route is that most insurance providers have strict deadlines when it comes to filing uninsured motorist claims. If you are involved in an accident with an uninsured driver, you need to let your insurance company know you are going to be filing a claim as soon as possible.
Another challenge with this option is that insurance companies and their customers don’t always agree on settlement amounts. The insurance company wants to conserve as much money as possible, but you need the funds to get back on your feet. If you and your insurance provider can’t agree on the amount, then a panel of arbitrators will be brought in to review the case.
If you file a claim with your own insurance company, you will also need to keep in mind that the damages awarded to you won’t surpass the amount of your benefit coverage. So, if you only have $50,000 in uninsured motorist coverage, then that’s the maximum you’ll receive, regardless of how much damage or medical bills you accrued as a result of the accident.
Call Bain & Rodzik’s Uninsured Motorist Attorney in Supply NC Today for Help
If you were recently involved in an accident that was caused by an uninsured driver, then call Bain & Rodzik today. Our uninsured motorist attorney in Supply NC will look over your case and help you choose which options is best for you. We can help you get the best result for your unique case.
Call Bain & Rodzik today at 910-762-1199 to schedule a free initial consultation with one of our experienced attorneys. And remember, with Bain & Rodzik, you don’t pay us a cent unless we win your case.