Ochs Law Firm Blog

Motor VeWhat if the Person Who Caused the Accident Doesn’t Have Insurance?

Flipped over vehicle and a smashed in red car.

Car accidents can have a permanent negative impact on your life, particularly if you sustain severe injuries that limit your ability to work. In most cases, you can claim compensation for your suffering from the person who was at fault. A great motor vehicle accident attorney local to the Casper, Wyoming or Cheyenne, Wyoming area will help you to make the best of your situation and receive the money you need to take care of your family.

But what happens if the person at fault doesn’t have any insurance? Can you still file a lawsuit, and how likely are you to receive what you’re owed? The answer is that it depends on your individual situation. If you have certain types of insurance, your policy might cover the damages, but if not, you might be able to gain some compensation from the person responsible. Either way, speaking to your lawyer is key because they’ll have the necessary experience.

What Happens If the Person at Fault Doesn’t Have Insurance? 

Although drivers are required to have insurance, not everyone adheres to this, and some people decide not to take out a policy. If you get in an accident with such a driver, filing a lawsuit and asking for compensation can be challenging, especially if they do not have the necessary assets to pay for the damages. There are several ways around this, and you should speak to your attorney if you’re unsure about what to do next.

Some drivers might already have Uninsured Motorist Coverage with their own insurance provider. In such a case, you could be protected against this issue and receive money directly from your insurance company. If not, you may be able to file a lawsuit if the person at fault has assets or income, or you could explore other avenues and discover whether anyone else was also at fault.

Your Own Insurance Company Can Help 

To best protect you from issues when you are involved in an accident with another driver, you should get Uninsured Motorist Coverage. In Wyoming, there is no legal requirement for this, but it can be a good idea because there are still plenty of drivers who don’t have the proper level of insurance. In essence, this type of cover will pay for any damages caused to you by another person who is unable to pay.

Keep in mind that your policy will only cover you up to your standard liability limit, so if you’re insured for $50,000, you will only receive this amount. Before deciding to go with an insurance plan, make sure to read the fine print. Many policies will only include damage caused to you and not repairs your vehicle might need after the accident is over. To get adequate cover, you might need another add-on called Uninsured Motorist Property Damage Coverage.

Filing a Lawsuit 

You can file a lawsuit against someone who doesn’t have insurance, but there is no guarantee that they will have the assets to pay the compensation you are entitled to. Depending on the situation of the other driver, you may receive part of what you’re owed, particularly if they have savings or property. The best thing to do is to get in touch with a motor vehicle accident attorney who can analyze the situation and help you reach a decision.

Because they have a lot of experience with similar cases, your lawyer will be able to quickly estimate whether fighting for your rights is worth it and how likely it is that the other party can pay. If they believe that the driver who was at fault could compensate you for your losses, they may encourage you to file your lawsuit and fight for the money you need to rebuild your life. If not, they will let you know, so you don’t spend time on a process that won’t benefit you.

Exploring Other Options 

Sometimes, your Casper, Wyoming or Cheyenne, Wyoming lawyer might be able to find a third option for you. Although the driver could be mostly at fault, there might be other people partially responsible for what happened. For example, you could have been driving on private land that was unfit for the purpose. If there was an issue with the road, you can hold the owner responsible for what happened to you.

Similarly, the cars will likely be examined after a serious accident. In the process, a fault with one of them could be discovered, which could mean that the manufacturer or the mechanic neglected to double check and adhere to the safety regulations. It’s worth exploring a number of these additional options because the financial reward can be significant. In fact, they can allow you to get the treatment you need and to recover from the traumatic incident.

How Can I Recover Damages in Casper, Wyoming or Cheyenne, Wyoming? 

If you’ve been in an accident and you find out that the other driver isn’t insured, you might be worried about the future. In some cases, it can be hard to receive the compensation you deserve, particularly if you don’t have Uninsured Motorist Coverage. Unless the other person has assets to pay for your injuries and trauma, you won’t get paid, even if your case is successful.

However, you should still explore your options and not automatically assume that you’ll be unsuccessful with your lawsuit. Most people have either an income or some assets, so you might be able to get some level of compensation, even if it isn’t the full amount. Anything will help, particularly if you’re facing large medical bills or you’re currently unable to work because of the incident.

Choose a Great Motor Vehicle Accident Attorney

To find out more about your situation, you should get in touch with a highly experienced attorney who has seen a wide variety of cases. Such a professional will have all the tools they need to advise you well and help you make the best of what happened. Choose someone who has been practicing law in Wyoming for several years and who has a strong reputation in the local community.

The easiest way to discover whether a certain lawyer could be a good fit is to attend an initial consultation with them. You can get in touch over the website or phone, and they will schedule to meet you and go through your situation. At that time, you can gauge their level of expertise and confidence, and you can also figure out if they are a great fit for you personally. Remember that you’ll be working with them for many months, so you should feel comfortable.

Decide How to Proceed

Your lawyer will tell you how likely a positive outcome is. They will help you to investigate whether the other person has some assets that could be put towards the compensation, and if so, they will have a look at the evidence to find out if you have a valid case. Then, you will both decide whether you’d like to work together to fight for your rights. Once you’ve made this decision, you can retain the attorney and begin working towards the best outcome possible.

Getting in a car accident with an uninsured driver can be a hassle, but a competent motor vehicle accident attorney in Casper, Wyoming or Cheyenne, Wyoming can help you navigate this difficult situation. Call us today at Ochs Law Firm to find out more about how Jason E. Ochs and his team can help you and to book your initial consultation.

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Our experienced Wyoming personal injury lawyer, Jason E. Ochs will fight to help you recover proper compensation in a class action, pharmaceutical, and medical cases throughout multiple states. Contact us today.

Jason E. Ochs

Jason began his legal career in 2002 with a national multi-district litigation law firm in Newport Beach, California. There he worked on a variety of high-profile, complex-litigation projects including pharmaceutical and medical-device litigation across the country.

The Ochs Law Firm epitomizes professionalism and commitment to all of our clients, regardless of the size of the case or the might of the Defendant. We practice in Wyoming, Colorado, Kansas and California in personal injury litigation, medical malpractice, defective products, class action lawsuits, Qui Tam lawsuits, litigation across multiple districts, bad faith insurance, and civil litigation.

We look forward to providing top quality service and representation for you and your family.