What to Do if You're Injured in an Accident Caused by an Uninsured Driver | Rubén J. Padrón, PA

What to Do if You’re Injured in an Accident Caused by an Uninsured Driver

March 28, 2019

There are tens of thousands of vehicle accidents that happen every year in America, and unfortunately, there are some circumstances in which at least one of the parties involved will not have insurance coverage. This can certainly be a frustrating situation for the insured party in the accident, especially if it was the uninsured party who was responsible. Fortunately, there are some steps you can take to recover compensation for your losses, even if the other party does not have insurance.

Here’s some information from an auto accident attorney in Miami, FL to help you through this frustrating scenario.

Don’t feel as though it’s hopeless!

One of the most common misconceptions we hear from clients about accidents with uninsured drivers is that it’s senseless or even hopeless to attempt to sue a driver who does not have insurance. This simply isn’t true—you should still consult with an attorney who handles personal injury cases, as they will almost certainly have experience in handling accident cases involving uninsured drivers.

The most common step people take, whether it’s in an accident with an uninsured driver or when they’ve been the victim of a hit-and-run with an unidentified perpetrator, is filing an uninsured motorist claim with your own insurance provider. Of course, your insurance company will do everything it can to give you the bare minimum in compensation—money that may only cover the actual damages in your case.

The “actual damages” are the damages that can be accurately quantified, such as specific damage to your vehicle, or medical bills you had to pay to treat the injuries you sustained in the accident. These damages do not, however, include the following:

  • Noneconomic damages: There are types of damages beyond just those that can be easily measured in dollars. You may have experienced some significant physical pain and suffering or emotional turmoil in the wake of your accident that would qualify you for additional compensation in a standard claim.
  • Punitive damages: Punitive damages in injury cases are implemented to punish the offender for particularly egregious forms of wrongdoing. While they aren’t exactly common in auto accident cases, they can represent a pretty significant sum of money when they are applied to a case.
  • Full payment: Uninsured driver policies require you to pay a monthly premium that goes into your entire car insurance premium. These policies are typically capped at around $15,000 for injuries to one person and $30,000 for total injuries in the accident. Depending on the circumstances of your accident, this might not be sufficient coverage.

Therefore, if an uninsured motorist claim against your own insurance seems like your only option, it’s important to work with an auto accident attorney in Miami, FL who will be able to stand up for you and your rights and fight to get you the compensation you deserve in your case. Contact the office of Ruben J. Padron, PA today for more information about how to proceed with your case. We look forward to working with you.

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