What Do I Do If I Am Hit by an Uninsured Driver?
The moments after a car accident are an adrenaline-fueled, and chaotic time, especially if one or more motorists are injured. The distress of the accident only deepens when an injury victim discovers that the driver who hit them doesn’t have insurance. In fault-based insurance states like Oklahoma with modified comparison negligence insurance laws, injury victims must file claims for compensation for damages like property damage to a vehicle, medical expenses, lost income, and pain and suffering, from the at-fault driver’s insurance. So what do you do when the driver who caused the accident is uninsured?
Protecting Yourself at the Scene of the Accident
Protecting your physical safety is the priority in the aftermath of an accident, but when possible, it’s also the time to begin protecting your future financial interests as you move forward from the accident. You can begin at the scene of the accident by doing the following:
- Use your cell phone to call 911 to report the accident and request emergency services
- While waiting for help, use your phone to take photos of the damaged vehicles, the accident scene before police move the cars, and anything relevant to the accident (if you’re too injured to move safely, you can take photos from your spot, hand your phone to an uninjured person to use for you, or ask someone else to take photos with their phone to send to you)
- Gather the contact information of the other driver and any eyewitnesses to the accident
- Don’t say anything to the police that could later be interpreted as admitting fault
- If the other driver admits to not having insurance, be sure the police understand that this is what occurred so it’s included in their report
Always go to the hospital straight from the accident scene and ask for a thorough medical exam with a detailed report. Save all of your medical bills and copies of receipts for out-of-pocket expenses.
Report the Accident Appropriately
It’s essential to report any car accident not only to the police but also to your own insurance company. This becomes doubly important when the driver who caused the accident is uninsured. If your insurance policy includes uninsured motorist coverage, the policy must provide compensation for your damages within the limit of your policy. Depending on the terms of your insurance, your collision coverage could also provide compensation. If you fail to promptly report the accident to your insurance company they could later dispute the claim.
Set up a Free Consultation With an Accident Attorney
An accident attorney in Oklahoma City is always beneficial after a car accident, especially in comparison-negligence insurance states. Under these fault-based insurance laws, it’s necessary to protect against insurance companies that assign a portion of fault to injury victims to lower the amount they pay out on a claim by their percentage of fault. When the driver who causes an accident is uninsured or underinsured, it’s critical to protect yourself by hiring an attorney who will carefully examine your insurance policy and assertively pursue all available avenues of compensation to maximize the amount you recover. Contact an attorney today.