We understand the stress you may be experiencing if you’ve been hit by an uninsured driver. You may be worried about how you will be compensated for medical bills and other out-of-pocket expenses stemming from your accident and injuries. Thankfully, there are several ways to seek compensation, even if the other driver doesn’t have, or has inadequate, insurance.
At Ashcraft & Gerel, we’ve helped countless clients understand their options to seek maximum compensation after an accident with an uninsured driver. Our team is well-versed in the nuances of UM/UIM (uninsured motorist/underinsured motorist) coverage and can recommend the best path forward for your unique case.
Take advantage of our free, no-obligation case review and consult with an experienced uninsured motorist accident lawyer. Doing so will help you exhaust all available resources to protect yourself financially and legally after an accident.
When Should I Use My Uninsured/Underinsured Motorist Coverage?
Being involved in an accident with an uninsured driver can be troubling, but filing a claim through your UM/UIM coverage is often the most straightforward way to seek compensation. UM coverage can help cover your medical expenses, property damage, and even lost wages if the at-fault driver has no insurance. In Maryland, Washington, D.C., and Virginia, drivers must carry liability insurance and uninsured motorist coverage, which will significantly benefit you in the event of this type of accident.
In cases where the at-fault driver’s liability insurance doesn’t cover the full extent of your losses, UIM coverage can help close the financial gap and cover remaining costs up to the policy’s limit. UM coverage may also apply in hit-and-run accidents, providing a financial lifeline when the negligent driver cannot be identified.
In D.C., Maryland, and Virginia, insurance providers generally do not raise premiums when you file a UM claim as long as you are not found to be at fault. However, each insurer has different policies, so reviewing your policy or consulting with your insurer is essential.
When Should I Pursue a Claim Against Another Liable Party?
Even if you’re hit by someone without insurance, other parties may be liable for the accident. In this situation, you may be able to file a claim against the other responsible parties. For example, if the uninsured driver operated a vehicle owned by someone else, the owner may be held liable under “negligent entrustment.”
Employers could be held responsible if they knowingly allow an uninsured or unlicensed employee to drive a company vehicle. Another instance of shared liability could arise in trucking accidents, if the trucking companies fail to maintain the vehicle or adhere to safety protocols properly, they might share responsibility for the accident.
It’s essential to investigate all potentially liable parties when seeking compensation, especially since Maryland, Virginia, and Washington, D.C., adhere to a strict contributory negligence rule. Under contributory negligence, if you are found to be even 1% at fault for the accident, you may be barred from recovering damages, which makes it critical to establish everyone liable for your accident.
Is Suing an Uninsured Driver a Good Idea?
In some cases, filing a lawsuit directly against the negligent driver may be an option for seeking compensation. However, this approach is often a last resort, as uninsured drivers typically lack substantial assets, making enforcing repayment difficult. While a lawsuit could lead to compensation if the driver has assets, it may be a long process, and seeking the full amount you’re owed could be challenging. Sometimes, the court may enforce a judgment through wage garnishment, property liens, or seizing financial assets, depending on the driver’s economic situation.
When deciding whether to file a lawsuit, it’s best to speak with an attorney who can help you assess the other driver’s financial situation and determine whether a lawsuit is likely to be worthwhile.
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When Should I Contact an Uninsured Motorist Attorney Near Me?
If you’ve been hit by an uninsured driver, speaking with an experienced attorney as soon as possible can increase your chances of seeking maximum compensation. An attorney can assist you if the at-fault driver has no insurance, if your damages exceed the at-fault driver’s insurance limits, or if you’re experiencing issues with your UM/UIM claim. When you work with an attorney, you will have a dedicated professional to help you navigate the claims process, gather crucial evidence, explore alternative avenues for recovery, and more.
At Ashcraft & Gerel, we work on a contingency fee basis, which means you only pay us if we win compensation on your behalf. Our attorneys are committed to securing the best possible outcome for our clients, and, with our extensive experience in uninsured and underinsured motorist cases across Washington, D.C., Maryland, and Virginia, we can provide the trusted, personalized legal support you need to recover after an accident.
Contact us today at (844) 680-0339 for a free case review to explore your options and get started on your path to recovery.
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