You may be able to recover damages following a negligence accident and injuries whether the liable party has insurance coverage or not. A personal injury attorney from our team can help you understand your options for seeking financial recovery based on the facts of your case.
You should not have to pay for your medical care, lost wages, property damages, and other expenses and losses out of pocket after an accident. The at-fault party should be held legally accountable.
You May Have Uninsured Motorist Coverage After a Car Accident
Most states require drivers to carry at least a minimal amount of auto liability coverage. If they fail to do so, they may face criminal penalties and be civilly liable for paying for the damages they caused out of their own assets.
However, there may be another option that could prevent you from having to file a lawsuit against the driver and hope they have the money to pay you. This comes in the form of uninsured (UM) and underinsured (UIM) motorist coverage.
Understanding Uninsured/ Underinsured Motorist Insurance Policies
UM and UIM policies often come with auto liability insurance – many states require them or make you sign a form to opt out. They provide first-party coverage after an accident when the at-fault driver:
- Does not have insurance
- Does not have adequate insurance coverage for your losses
You will still need to provide the evidence to prove negligence, liability, and the damages you suffered to your insurer and negotiate a settlement with them. This could provide you with:
- Medical treatment costs up to the policy maximum
- Lost wages
- Pain and suffering damages
For a free legal consultation, call (800) 537-8185
You Can Also Sue the Liable Party After a Traffic Accident with an Uninsured Driver
In most states, car accident victims have the right to sue the driver who caused their crash and injuries. This is true even if they did not have the mandatory insurance coverage required of all drivers.
However, it may be difficult to recover compensation for your damages unless they have the assets to pay you. Without insurance, they will be responsible for covering any court award you receive out of their own account.
A Lawsuit May Be the Best Option in Some Other Types of Cases
In personal injury cases such as dog bites, falls, and pool accidents, your best option may be to sue if the liable party is uninsured. The court can garnish their wages, seize assets, or take other actions to ensure you get paid – if they have the money to do so.
Consider Other Types of Coverage for Your Damages
In some cases, it may be apparent that the at-fault party does not have the assets to cover your losses, and there is no insurance coverage available. When this occurs, you may need to rely on your health insurance to pay for your medical treatment.
Claims based on your collision auto insurance or other policies may also be possible. However, remember that you will be responsible for the deductible and any co-pays related to filing these claims.
Consulting with Our Personal Injury Attorney About Your Legal Options
The best way to learn what your options are and to weigh the advantages of each is to speak with a personal injury law firm about your case. Our firm provides complimentary consultations to injured parties. You may be able to talk with an attorney today for free.
They can discuss the specific details of your case with you and explain how you can pursue compensation for the damages you suffered in your accident.
We May Be Able to File Your Claim or Lawsuit
Our attorney may be able to seek a financial recovery based on the facts of your case, regardless of the insurance status of the liable party. Recoverable damages could include:
- Pain and suffering and other intangible losses
- Medical treatment and related costs
- Lost income, current and future
- Property damages
- Other related expenses
Many cases against an uninsured liable party require suing them and asking the court to recover the money you need to pay your bills. However, there are deadlines for filing a lawsuit in all areas of the Gulf South. They include:
- Two years, per Ala. Code § 6-2-38 in Alabama
- Three years, Ark. Code Ann. § 16-56-105 in Arkansas
- One year, La. Civ. Code Art. 3492 in Louisiana
- Three years per Miss. Code Ann. § 15-1-49 in Mississippi
Exceptions to these statutes could give you even less time, so you will want to act as quickly as your wounds allow you to get help with your case.
Morris Bart, LLC, Provides Complimentary Consultations for Victims
You can call the Morris Bart law office near you today for a free consultation. We provide free case reviews with a personal injury lawyer in all areas of Louisiana, Alabama, Arkansas, and Mississippi.
We also handle personal injury cases based on contingency fees, which means we can start on your case with no upfront cost to you. Call (800) 537-8185 now to connect with our team.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.