If you are involved in a car accident caused by another driver, that at-fault driver is supposed to compensate you for your losses and damages. Since auto accidents can cause substantial losses, this could mean that the at-fault driver is on the hook for paying tens of thousands or even millions of dollars in some circumstances.
Most drivers have insurance to pay for your losses and, in fact, drivers are required to buy certain kinds of coverage including bodily injury liability and property damage liability coverage.
Unfortunately, not all drivers buy the required insurance. And, even those who do, if they don’t purchase extra coverage beyond the state minimum, they may not be able to fully pay for all your damages. So, what happens in these situations? Can you file a claim against an uninsured or underinsured driver?
Berry Law can help you to decide if this is possible in your particular circumstances, so you can reach out to our Omaha car accident lawyers to find out your options. You can also read on to learn more about what’s involved in pursuing a claim against a driver with too little insurance.
Filing a Car Accident Claim Against an Uninsured or Underinsured Driver
It is possible to file a car accident claim against an uninsured or under insured driver as the law says that a driver who caused you harm is responsible for your losses. There’s no specific rule or regulation that says you can only collect from an at-fault driver’s insurer.
However, just because you can pursue a claim doesn’t mean that it makes sense to do so. The big issue is that even if you win your case, the at-fault driver needs to have money or financial resources to provide you with payments.
If you sue someone, win your case, and get a judgement against them, this does you no good if you are not able to collect the funds. While you might be able to try to garnish their wages or put a lien on their property, this can be difficult, it can take a long time to collect, and it may not even be possible if they have a low paying job and don’t own property.
So, you’ll have to work with your attorney to evaluate the likelihood of getting paid if you make a personal claim against a driver with too little insurance or no insurance coverage at all.
What Can You Do if You’re in an Accident with an Uninsured or Underinsured Driver?
If you are involved in an accident with an uninsured or underinsured driver, you do have some options, even if you can’t make a claim against that motorist.
If you have uninsured or underinsured motorist coverage on your own insurance policy, you can pursue a claim with your insurer.
You can also work with your car accident lawyer in Omaha to determine if there are other defendants who may be to blame who you can pursue a claim against. For example, if the driver was working at the time of the incident, you could potentially sue their employer under vicarious liability laws.
Ultimately, the goal is to explore all of the options available to you to decide what your best options are for getting paid so you can move forward as quickly as possible with making an effective claim.
A Omaha Car Accident Lawyer Can Help with Uninsured Driver Claims
Berry Law can provide you with invaluable help if you or someone you love is in an accident with an uninsured driver or an underinsured driver.
A knowledgable Omaha personal injury attorney will work with you to make a claim on your own policy, determine if the driver has the resources to make it worth a claim, or help you explore other options for recovering payment for losses.
Give us a call today to schedule a consultation with an Omaha car accident lawyer to learn more.
