Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.
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If you are involved in a car accident with someone who is uninsured, you could be faced with having to handle the repairs yourself. You can take legal action against the person, but it is possible that you will never recover damages. If you are in this situation, here are your available options.
File a Claim With Your Insurance Company
Even though you are not at fault for the accident, your insurance company might pay for the damages you suffered. If you have uninsured and underinsured motorist coverage, you can file a claim with your insurance company. The claim will be evaluated and your damages will be covered.
The amount that you receive is based on the coverage offered by the insurance provider. For instance, your provider might only cover up to $50,000 worth of damage. If your damages exceed this amount, you might have to pay out-of-pocket or go after the other driver to cover the remaining damages.
Once the insurance company agrees to pay, it can choose to take legal action against the other driver. The company could offer to settle with the other driver or file a lawsuit against him or her.
File a Lawsuit Against the Other Driver
Another available option is to file a lawsuit against the other driver. If you file a lawsuit, you could face certain challenges. One of the biggest is getting paid. Even if you win the lawsuit, there is no guarantee that the other driver will be able to pay the judgment. In that instance, you could ask for his or her wages to be garnished, but recovery still might be limited.
There is also the possibility that you could lose your case. If you do lose, you could end up having to pay not only for your own damages, but the legal fees for the other driver.
Another issue that could come up involves your state's laws. If you live in a state that is considered no-fault, you cannot file a lawsuit against the other driver regardless of who was at fault. In no-fault states, each driver is considered responsible for his or her own damages. Some no-fault states do allow lawsuits in special circumstances, so check your state's laws to determine if you qualify for an exception.
Laws regarding car accidents vary from state to state, so it is important to work with an experienced attorney within your state to fully understand what your options are. One place you can call is Jacobs & Barney LLC.
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