Don't Let It Slide: Legal Action Against Uninsured Drivers May Be Necessary
Accidents are not fun, and if you were hit by someone who didn't have insurance, the situation is even more undesirable. Despite the requirement for all drivers to have insurance, there are a lot of people who still attempt to drive without it, and that leaves you in a bad situation if they hit you. In addition to seeking help from your own insurance company, taking legal action against the uninsured driver may be the only way to get the full compensation you need.
Your Coverage Might Not Be Enough
Most insurance companies offer uninsured motorist riders that help compensate you for damage and injury caused by an uninsured motorist. However, there are two issues that can interfere. One is that you never signed up for it -- it's easy to think you have the coverage when really, you never added it to your policy. Or maybe you removed it and forgot.
The other is that the coverage itself might not be enough to cover all your medical bills, for example. Even if you had great medical insurance along with your car insurance, you'd likely have co-pays and a deductible to meet. In that case, you'd have to try to get the rest of the money from the driver that hit you.
Plus, insurance doesn't reimburse you for emotional distress, lost work time, and other interruptions in your life. Taking the uninsured motorist to court is your only recourse.
Legal Action Serves as Another Deterrent
Another reason to take that person to court is that it may serve as more of a deterrent against continuing to drive while uninsured. That won't work with everyone. However, many people drive without insurance because they think they won't face any consequences.
An Important Distinction to Keep in Mind
Note that there is a difference between an uninsured person driving a car and an actual uninsured motorist. It's common to find policies that cover anyone driving the car. Your insurance company should have been able to find out if this was the case. But there's a chance that the other driver might not have wanted the insurance company covering the car to find out about the accident (for example, to avoid more points on his or her driving record), and thus they did not give you the information. A lawyer can help you straighten all of this out.
This may sound confusing at first, but that's what consultations are for. Contact a car accident attorney to discuss your situation and to see what legal remedies you can seek.