If you've been injured in an accident caused by an uninsured or underinsured driver, you still have the legal right to be fully compensated for your injuries. The problem is that it's going to be harder to recover with no insurance to turn to, and most drivers that don't have insurance do so because they don't have a lot of money. So is it worth suing an uninsured or underinsured driver? Here's what you should consider.
How Much Does Their Insurance Cover?
If the driver is underinsured rather than uninsured, you should think about how much their insurance will cover. If they have enough insurance to cover 90% of your claim, and the insurance company is willing to give you the full policy limit, getting the last 10% might not be worth the extra hassle. On the other hand, if the insurance is only covering 10%, you might really need to try to win the other 90% in court to pay off your bills.
Do You Have Uninsured or Underinsured Motorist Coverage?
Many drivers carry uninsured or underinsured motorist coverage. If the other driver doesn't have enough insurance, your insurance company pays you what their insurance should have up to your own policy limits. If you use this coverage, the money is yours, and it's the insurance company's responsibility to try to go after the other driver if they want to be reimbursed. If you have this coverage, go back to the first question — how much will insurance cover, and is it worth going after the rest?
Does the Other Driver Have Any Money?
You can win a ten million dollar verdict from a jury, but it won't matter if the other driver only has a penny. When someone can't pay a court judgment, the judge may order them to sell assets or garnish their future wages. If the other driver just made an irresponsible choice not to carry insurance, you might be able to collect. However, if the other driver has no savings and low income, you might never see more than a few dollars per month.
Your personal injury attorney can help you research how much money the other driver might have. After that, you'd need to decide if it's worth pursuing what you think you'd be able to collect.
To learn more about if you should sue an uninsured or underinsured driver for your accident, contact a local personal injury attorney today.