Making Car Accident Claims Against the Uninsured

The rules for car accident claims vary depending on the situation. For example, in no fault states, you are permitted to recover only from your own insurance company unless your injuries are "serious," regardless of who is at fault. In other states, however, you are allowed to make care accident claims against the driver who was at fault and either recover directly from their insurance company through a settlement or file a lawsuit to recover your damages from a court.... but what happens if that at fault driver does not have insurance?

Required Car Insurance

In the vast majority of states, each individual driving a vehicle is required to have liability insurance coverage. Each state has its own limits, expressed as a three digit ratio. For example, California imposes a 15/30/5 requirement. This means:

• Each driver is required to have $15,000 per person in coverage- so if he injures someone, that victim can recover up to $15,000 in damages from the insurance company
• Each driver is required to have $30,000 per accident in coverage for bodily injury.  So, if a driver injures multiple people in a single accident, his insurance will pay a total of $30,000 for the accident (each individual can still get only the $15,000 per person maximum)
• The last number refers to property damage, so the insurance policy will cover up to $5000 in property damage the insured driver causes to someone else.

Uninsured Drivers

Despite the law, some drivers choose to drive without insurance. If this happens, you can still make car accident claims against them if such claims are permitted by the laws in your state (i.e. if you don't live in a no fault state, or if you do live in such a state and your injuries are serious).

The difference is that they will have to pay their claims out of their own personal assets instead of turning to a liability carrier to make the payments. In such cases:

• They may agree to settle out of court, just as an insurance company would. If they offer you a monetary settlement, make sure you review it carefully to ensure it is fair
• You can take them to court and try to get a judgment against them. They will have to pay their own legal bills and pay any damages the jury awards

One problem that often arises, however, is that the individual may be judgment proof. This means he may have no assets, so even if you win your case, he will be unable to pay. In such cases, you may be able to recover from your uninsured motorist coverage, if you have such coverage, or you may be out of luck.

Getting Help

If you have been involved in a car accident injury and are considering making car accident claims against uninsured drivers, make sure you speak with an experienced personal injury attorney. Your attorney can explain to you what you must do to recover and can help you take the steps necessary to protect your rights and get the damages to which you are entitled.