Should your losses after an accident which was not your fault exceed the insurance payouts, you could file a lawsuit against the at-fault driver to obtain compensation. However, as any reputable uninsured car accident lawyer will tell you, drivers with no car insurance typically don’t have much money either. Sometimes, where there is some BI insurance, liability coverage, it often is not enough to pay for the extent of damages you sustained. So, although a judgement could be made to recover the costs by liquidating assets of the uninsured driver or through a monthly payment plan, it may not be a particularly effective solution.
An uninsured/underinsured driver lawyer can assist you by having an investigator run a credit and asset check on the defendant, filing a lien on any discovered assets to prevent them from being unloaded, and representing you in all the lawsuit proceedings.
A more prepared approach is to find out if you have uninsured or underinsured motorist coverage. If so, immediately alert your insurance company about the accident and have your attorney tell them that you will be filing an uninsured motorist claim.
While insurers have the right to investigate your medical treatment, injuries, and any other relevant details, despite being a first party claim where your own company owes you a higher degree of fair dealings and good faith will likely fight your claim and should be regarded as your adversary. Get the knowledge and experience of a lawyer for uninsured/underinsured motorist first party claims.
The purchase of UM/UIM coverage is a great way to protect yourself and your own family. Contact your insurance agent if you do not know you have it or you have not yet purchased it.