QUESTION
What should I do about being in an accident with an uninsured driver? How?
Asked on Jun 30th, 2015 on Personal Injury - Illinois
More details to this question:
A couple of days ago I t-boned a driver that blew a stop sign. He initially stopped at the intersection, but then proceeded to pull right in front of me. I tried to stop but I was unable to do so. Apparently, he was under the impression that I also had a stop sign, but this is not true. He was cited for no insurance, no driver's license, and at least 2 tickets involving the accident.I recieved no tickets. What steps should I take to protect myself from financial loss? I contacted the guy who hit me and he stated that he would help me pay for my damages. I was planning on presenting him with a contract to pay and a documented payment plan. Should I wait to see if he bails on his word before contacting a lawyer or should I consult one now?
13 ANSWERS
Personal Injury Attorney serving Pasadena, CA
at
Law Offices of Pius Joseph
Update Your Profile
If you have injuries and full coverage and uninsured Motorist, make a claim with your insurance. Let your insurance chase the uninsured guy since it may be waste of time .
Answered on Jul 07th, 2015 at 2:20 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Contact your agent to find out if you have coverage for this. If you don't, then that was the risk you were taking when you elected not to get that coverage. If that's the case, then your proposed contract and payment plan is as good of an idea as any, but given his history it is doubtful he will perform. One more idea: if he tries to get his tickets reduced, the DA may insist that he pay your damages as part of any deal.
Answered on Jul 01st, 2015 at 8:08 AM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
What is your financial loss? If damage to your car, your insurer will pay for same under your collision coverage. If any wage loss, medical expenses, replacement services, your insurer will pay for them under your PIP coverage. If you suffered a serious injury, you can sue the other driver, but if he has no insurance, collection of your damages may be difficult to impossible. Certainly you can draw up some type of agreement for the other driver to sign and pay you, but again, I'm not sure what uninsured loss you have, and if he consulted counsel, they would tell him not to agree to pay anything that you are not actually out-of-pocket.
Answered on Jul 01st, 2015 at 7:58 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Check with your own insurance company to see if you have collision insurance on your car.....if you do, your insurance company will pay to get your car fixed, less your deductible. Don't enter into any agreement with the other driver until you have run it by your own insurance company.
Answered on Jul 01st, 2015 at 7:30 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
Consulting a lawyer soon is certainly a good idea. But you should first contact your own insurer and make a claim on your Uninsured/Underinsured coverage.
Answered on Jul 01st, 2015 at 12:49 AM
Contact your own insurance company and tell them you have no liability but they should be aware he might file a claim. ?Draw up a clearly worded contract stating what your damages are, the details of the payment plan, what happens if he misses a payment, that he is entirely at fault, you get reasonable attorney fees and expenses and costs if you have to sue him, etc. ?If he does not pay, you then sue on the contract and do not have to worry about showing who was at fault. ?you might also have insurance coverage for uninsured driver's damage to you so that you can collect from your own insurance company and let them worry about going after him for reimbursement.
Answered on Jul 01st, 2015 at 12:46 AM
You should first consult an experienced personal injury attorney.
Answered on Jul 01st, 2015 at 12:26 AM
Lisa Hurtado McDonnell
File with your insurance company and have them go after uninsured driver.
Answered on Jul 01st, 2015 at 12:25 AM
Ronald A. Steinberg
Get a lawyer, and report the accident to your insurance company.
Answered on Jun 30th, 2015 at 6:55 PM
James Eugene Hasser
Make a collision claim under your own policy and let your insurance company worry about getting their money back. After all, that's what you got insurance for. Good luck.
Answered on Jun 30th, 2015 at 6:53 PM
Edwin K. Niles
First, check your policy to see if you have uninsured motorist coverage (highly recommended). If not, by all means try to get a contract. If you were not hurt, try to do it by yourself.
Answered on Jun 30th, 2015 at 6:50 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
Update Your Profile
An uninsured driver is financially irresponsible so it is unlikely he will pay anything. You should contact the city or county attorney assigned to prosecute the case and ask that restitution of your damages be part of his sentence. Once again, little if anything is usually paid, even to the court. Call your car insurance agent and get the maximum uninsured/underinsured motorist coverage for the next clown that runs into you. This loss is probably not recoverable unless you had full coverage and UM/UIM coverage for your medical expenses. At least 20% of Montana drivers are uninsured. It is cheaper to pay a small fine than keep insurance coverage in the minds of many of your fellow citizens.
Answered on Jun 30th, 2015 at 5:49 PM
Personal Injury Law Attorney serving Naperville, IL
at
Law Office of Barry R. Rabovsky
Update Your Profile
Were you injured in the accident, and if so can you describe your medical treatment.
Answered on Jun 30th, 2015 at 5:09 PM