When you are in a car accident that someone else causes, your first step is likely to get medical care, contact the police, and file a claim with the at-fault driver’s insurance company. What happens if the at-fault driver does not have insurance or does not have enough insurance? At BDIW Law, our Oklahoma City car accident lawyer can help you navigate the legal steps available to you in this case.
It Is Not Uncommon
The Information Insurance Institute (III) shares that, in 2019, about 12.6 percent of drivers, which is about 1 in every 8 vehicles, do not have the necessary insurance in place to meet state laws or to adequately cover the losses they cause. Because this can create financially devastating outcomes for many people, we encourage you to seek out legal guidance from our car accident attorneys if you are the victim here. Let us preserve your right to compensation from the start.
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What Happens When the Other Driver does Not Have Insurance?
In a typical car accident case, you would seek out compensation from the at-fault driver’s insurance company to cover your losses. When that is not an option because they do not have insurance, your next step is to seek out compensation from other parties that may be able to cover some or all of the losses you have. There are two specific steps to take to get started.
The first is to file a claim with your own car insurance company under your uninsured/underinsured motorist policy if you have it. This is a car insurance policy you select and purchase for yourself designed to provide you with financial protection when someone else causes your injuries when they do not have enough or any car insurance. This is the whole reason you have this coverage.
The second option is to seek out financial compensation from the at-fault party’s estate, which may mean filing a lawsuit in civil court for the losses you have incurred through the actions of the other party. Our team will work with you to compile evidence and verify your losses with the goal of pursuing fair compensation for you in a court of law. Some of these cases may be settled out of court, but other times, you need an experienced attorney to fight for you in a court of law.
Why Should You File a Lawsuit Against the At-Fault Driver?
There are some situations where our car accident attorneys will encourage you to file a lawsuit against the at-fault driver as a way to recoup your losses. This is your legal right to do if they cause financial loss to you that you hope to recover. Filing a lawsuit is simply the legal strategy for making them pay for your losses.
When you file a lawsuit like this, the goal is to require that the at-fault party take responsibility for the losses they have caused to you and pay for the damages. It does not matter how they do this – paying from their savings account, liquidating assets, or obtaining the funds in another way. Your goal is simply to get the financial help you deserve after the losses they caused.
Not every situation requires going to court since many people will just pay for your damages. However, there are some cases where the damages are significant and costly, and as a result, they require careful legal action to get the responsible party to pay. There are times when you may have to work out a settlement with them, and we can help you do just that.
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Will Your Insurance Company Cover Your Losses?
Many times, clients do not want to pursue legal action against the responsible party, or they may be struggling to get a response. You have the right to file a claim for your losses through your uninsured/underinsured motorist coverage policy, but that does not mean this process will be an easy one. Often, insurance policies like these have a cap on the amount of coverage you can obtain, and it may not be enough to cover all of your losses, leading to filing a lawsuit.
Insurance adjusters will also continue to pursue ways to reduce what they pay out in a situation like this, often refuting claims or even trying to prove that you were partially responsible. Their goal is always to pay less, while our goal, as your car accident attorney, is to ensure you receive fair compensation for your losses. Do not settle for being told “no” by the insurance company.
Let us work to prove the damages you have and then present a settlement and claim to the insurance company for the losses you have. We will negotiate with them and ensure they have all of the necessary information for your claim. From there, we can determine if we need to go to court to pursue additional financial compensation.
Unsure What to Do Right Now?
In situations like this, it can be hard to know what to do, especially if you do not want other people to struggle financially if they do not have insurance. Yet, they did something that put you at risk, and they cost you significantly as a result, and that means you have the right to that compensation. Our attorneys can help you determine the best way forward in getting the settlement owed to you for the losses they caused.
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Set Up a Free Consultation to Discuss Your Case with Us Now
At BDIW Law, our committed, experienced Oklahoma City car accident attorneys will work closely with you to ensure your rights are protected throughout this legal process. Do not settle your case without speaking to an attorney who is working solely on your side to protect your right to the compensation owed to you when an at-fault driver causes an accident but does not have insurance to cover your losses.
Set up a free consultation with our car accident attorney right now to learn more about the legal rights you have.
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