Everyone’s worst nightmare is being involved in a car accident when the driver at fault is underinsured or not insured at all. In this unfortunate circumstance, and provided you can prove that the other driver was negligent, you may file a lawsuit against him or her, but you may not be able to obtain any compensation.
Normally, if you are involved in a car accident, both you and the other driver will notify your insurance companies. Your compensation is paid by an insurance company, and not by the person who caused the accident. However, if the person who caused the accident has no car insurance, the only way to obtain compensation is to sue that person, directly.
The problem, of course, is that individual may not have the financial wherewithal to hire his or her own attorney, no less to pay you for damages. And, if those damages are accompanied by costly medical bills and lost wages, you may not be compensated at all. You can’t squeeze blood from a stone.
It stands to reason that an individual who cannot afford car insurance likely cannot afford to pay you compensation to cover your injuries or damage to your vehicle.
What To Do
If you have Underinsured Motorist Coverage, your best and only option might be to file a claim with your own insurance company. In that event, you will receive compensation up to the limitations of your own coverage. Although you might want to pursue a lawsuit against the driver who hit you, chances are you would be wasting your time, and possibly, more of your money.
