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What Happens After You’re Hit by an Uninsured Driver?

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When you’re involved in an auto accident, your first thought might be that, though your car is in bad shape, at least you’ll be able to file a claim with the other driver’s insurance company. Then you’ll receive a settlement check to recover from your accident and pay your expenses.

Unfortunately, maybe you discovered that the other driver doesn’t have insurance, which severely limits your options. So, what happens after you’re hit by an uninsured driver? First, you’ll negotiate with your insurance, but you’ll also need to be prepared to go after the at-fault driver in civil court in order to obtain your rightful compensation. A qualified and experienced car accident lawyer can help.

Your Insurance May Help

Just because the other driver doesn’t have insurance doesn’t mean you’re out of options yet. Your first option will be to turn to your own insurance company, as that’s what they are there for.

In a typical car accident, you’ll be able to file a claim with your own insurance company, which will settle your claim and seek compensation from the other insurance company in a process called subrogation. However, if the other driver has no insurance company, that’s not an option.

Instead, you’ll need to contact your insurer about your uninsured motorist coverage. This coverage means that, if a driver is uninsured or even underinsured, you’ll still be covered by your insurance company. If you don’t have this coverage, though, you’ll need to file a claim in civil court for your compensation.

Fighting Back in Court

When subrogation isn’t an option, you’ll have to take your claim to civil court. In order to build a successful claim, you’ll need to gather evidence that shows the other driver was responsible for the accident, and that the accident is what brought about your damages and suffering.

You’ll need to be careful to protect your claim against accusations of fault. The other driver may claim that you were partially responsible for the accident, which can leave you with reduced compensation amounts. This is what’s known as comparative negligence.

For example, the other driver might accuse you of driving distracted, which left you unable to avoid the accident. The judge might find you 10 percent at fault, which will leave you with 90 percent of your total compensation. That percentage can result in thousands of dollars you need for recovery.

Get the Compensation You Deserve

When you’re hurt in a car crash, chances are good that you’re struggling with major injuries and trauma. Nothing can take away that pain and emotional damage, but you should receive compensation to cover your costs and help you pick up the pieces of your life. Unfortunately, the other driver could have been uninsured, which leaves you with fewer options to recover.

Fortunately, with a lawyer from Craig Swapp & Associates, you’ll give your claim the best chance at success. Starting with a free consultation, our attorneys will discuss your options and help you get the compensation you deserve for your accident.

Ready to get started? Reach out to us. We can be contacted by calling 1-800-404-9000 or by completing the online form below.

Written By: Ryan Swapp Legal Review By: Craig Swapp

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Before calling your firm I had 2 big worries. One was I didn’t want to do more paper work, and that fear was resolved when I had to do very little, but Craig Swapp and Assoc. did most of it, and when I did have to come in to sign papers they worked around the times I could do it. Worry 2 was I didn’t want people to think I was “sue happy” and that I was just out to get money. I just wanted my bills to be paid for that were from the accident, and that was resolved I think by Mr. Wes Mortenson and Theresa because they listened to what I had to say.

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I was afraid that my issue was too small to be handled, and that it would just be rejected. Or that I’d end up having to pay for my medical expenses and any of your teams expenses. I would definitely answer yes, it was resolved! I wasn’t ever made out to feel like my little issue didn’t matter, and my expenses were paid for- just what I wanted/needed.

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Caldwell, ID

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West Jordan, UT

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