What Happens if the At-Fault Driver Has No Car Insurance?
If you get into an accident and the at-fault driver doesn’t have insurance, you might need to rely on your own uninsured motorist coverage or take legal action against the other driver to recover damages. Our team at Rainwater, Holt & Sexton is here to walk you through your options.
Getting into a car accident is frustrating enough—but finding out the person who hit you doesn’t have insurance can make it even worse. How can you get the money you need to rebuild your life and repair the damage to your car?
Fortunately, an experienced Arkansas car accident lawyer can help answer that question and support you along the way. Here’s what you should know.
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- Understanding Uninsured and Underinsured Motorist Coverage in Arkansas
- Steps to Take After an Accident with an Uninsured Driver
- Legal Options When the At-Fault Driver Is Uninsured
- Role of Your Own Insurance in Uninsured Motorist Accidents
- Financial Implications of Accidents with Uninsured Drivers
- How Rainwater, Holt & Sexton Can Help
- Injured By An Uninsured Driver? Let Us Help
Understanding Uninsured and Underinsured Motorist Coverage in Arkansas
After an accident, the following key coverages could come into play.
Uninsured Motorist Coverage
One of the most crucial protections you can have as a driver is uninsured motorist (UM) coverage. This coverage helps pay for your medical bills, vehicle repairs, and other expenses if you’re hit by someone who doesn’t have insurance.
In Arkansas, uninsured motorist coverage is important due to the rising number of uninsured drivers on the road. According to the Insurance Information Institute, around 14% of drivers in the U.S. are uninsured. In Arkansas, this number is similar.
Underinsured Motorist Coverage
Similar to uninsured motorist coverage, underinsured motorist (UIM) coverage kicks in when the at-fault driver has insurance, but their policy limits are insufficient to cover all your damages. For example, if you sustain injuries and damages totaling $50,000, but the other driver’s insurance only covers $25,000, your UIM coverage can help fill that gap.
According to state law, Arkansas insurance companies must offer you uninsured and underinsured motorist coverage, but you can reject it in writing if you choose. However, considering the rising number of uninsured drivers on the roads, opting for this coverage can be a lifesaver.
Steps to Take After an Accident with an Uninsured Driver
The steps you take after any car accident can directly affect your ability to collect full compensation. However, after a car accident with an uninsured driver, these steps become even more important.
Safety should be your top priority. If it’s safe to do so, move your vehicle to the side of the road to avoid further accidents.
Dial 911 to report the accident. This will alert both the police and emergency medical teams to your crash site. You’ll need to have a police report, especially when dealing with an uninsured driver. The report serves as an official record of the incident, outlining the circumstances and who was at fault.
Even if you feel fine, see a doctor after the accident. Some injuries may not be immediately apparent. Medical records will also be important if you choose to file a claim or lawsuit later.
Use your phone to take pictures of the scene, including the vehicles involved, any visible injuries, and the road conditions. Capture the license plates, registration, and insurance details of the other driver, even if they claim to have no car insurance.
Collect contact details from the other driver, including their name, address, and phone number. If there are witnesses, gather their information too. Their statements can be valuable if you choose to pursue an uninsured motorist claim or legal action.
As soon as possible, let your insurance company know you’ve been in an accident with an uninsured driver. They will guide you through the next steps of your claim process.
The Importance of Gathering Information
If you’re able to safely do so, you should gather as much information as possible while you’re still at the scene.
Take note of everything: photos of the damage, the exact location, road conditions, and any other details you can think of. Even small details can play a big role in building a strong case, especially when proving what happened. Clear, accurate documentation helps establish the facts and gives your insurance company and legal team a much better chance to win your case. This information might be what ensures you get the compensation you need.
For example, if the other driver was speeding or driving recklessly, having witnesses or photographs will support your claim. If you decide to pursue legal action against the uninsured driver, this evidence will strengthen your case.
Legal Options When the At-Fault Driver Is Uninsured
If an uninsured driver hits you, it may feel like your only option is to bite the bullet and pay out of pocket, but that’s not actually the case. You can also sue the uninsured driver directly. However, individuals without car insurance often don’t have much in terms of other assets, which can make it tough to collect on any judgment awarded to you.
In situations like this, you should have a car accident lawyer working on your side. An experienced injury attorney can help you through the process, including determining whether a lawsuit is a viable option, so you can take the right first steps toward your recovery.
Hit By An Uninsured Driver? We Can Help!
Role of Your Own Insurance in Uninsured Motorist Accidents
If the driver responsible for your accident doesn’t have insurance, and you have uninsured motorist coverage, your insurance company will step in to cover your damages. Your legal team will still need to prove the other driver was at fault, and in some cases, your insurer may try to limit what they pay out.
You must review the limits of your uninsured motorist coverage to understand what you’re covered for. For example, if your policy covers $25,000 in damages, but your medical expenses and repair costs add up to $50,000, you’ll be left to cover the difference.
Filing a claim under your UM coverage may also increase your premiums, but having this coverage means you have a safety net to rely on when someone else’s negligence leaves you footing the bill. Remember that insurance companies are businesses, and even though you’ve been paying premiums for years, they might still try to minimize your payout.
When you hire an Arkansas car accident lawyer to represent you, they’ll work with your insurer to get you fair compensation.
Financial Implications of Accidents with Uninsured Drivers
One of the hardest parts about being hit by an uninsured driver is the financial toll it can take. You may face out-of-pocket expenses right away, from medical bills to vehicle repairs. Even if you have uninsured motorist coverage, it doesn’t mean you’re entirely off the hook. There are often deductibles to pay, and if your damages exceed your insurance coverage limits, those additional costs fall squarely on your shoulders.
The long-term financial impact can be even more concerning. If you’re injured in an accident and unable to work for months, your savings can quickly drain, and debt can pile up. Sadly, some Arkansas residents even find themselves dealing with bankruptcy after an uninsured motorist accident.
To mitigate these risks, you should consider increasing your coverage limits for uninsured and underinsured motorist protection so you’re not left vulnerable. Additionally, seeking legal help can be crucial in recouping every dollar possible, whether from your insurance policy or pursuing the at-fault driver in court.
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