Orange County Uninsured Driver Car Accident Lawyer
It’s not easy to get compensated when the driver who hit you doesn’t have insurance, but you do have options available. Find out what your next step should be by speaking with an Orange County uninsured driver car accident lawyer.
Getting injured in an accident can be traumatic, regardless of who hit you. If that person was also uninsured, it makes the entire process of filing a claim far more complicated.
An Orange County uninsured driver car accident lawyer from Kohan & Bablove, LLP can help you get through the process so that you can still receive compensation for your injuries.
Will My Own Insurance Pay on an Uninsured Driver Claim?
One of the first things we will do is look at your auto insurance policy. You may have a provision where your insurance company will pay for your medical bills, lost wages, and financial damages if an uninsured driver hit you. This is the best-case scenario since we can negotiate directly with your insurance company to get you as much as possible for your injuries.
You will need to file an uninsured driver claim with your personal insurance, then we can take it from there. Just be aware that there are time limits for how long you have to file this claim. It could be as little as thirty days, so you want to move quickly.
Even if you don’t have uninsured motorist coverage, your health insurance might kick in to help pay medical bills while you recover.
Can I Sue the Uninsured Driver Directly?
Yes, if the other driver was at fault for your accident, you can file a personal injury lawsuit against him or her directly. We will gather evidence and build a strong case for negligence, just like we would if the driver had insurance. The challenge lies in determining if the driver has any assets. We may conduct depositions in order to do so.
If a jury awards financial damages, the other party needs to have the capacity to pay. If they were uninsured at the time of the wreck, they may not have any liquid cash. In this case, a judgment may be issued and property seized to be sold in order to pay you, or a payment plan might be worked out.
Your ability to collect compensation will depend on the uninsured driver’s financial strength and desire to pay, meaning that there are no guarantees on what you will receive and when—even after getting a judgment in your favor. This makes it wise to carry uninsured motorist coverage on your insurance policy.
You Can Take a Two-Pronged Approach
Even if you have uninsured motorist coverage, it may not be enough to pay for all your damages. In this case, we can help you settle with your insurance company and then seek any remaining compensation through a lawsuit against the driver.
How Much Financial Compensation Will I Get?
Your final settlement or award will be determined using several different factors:
- How severe your injuries are
- The type and amount of medical care your recovery requires
- Likelihood of your making a full recovery
- How much you have lost in wages (current and future)
- The overall impact on your daily life and its quality
- Total of all accident-related expenses and financial losses
Help from an Orange County Underinsured Driver Car Accident Lawyer
Whether you file an uninsured motorist claim or sue the driver directly, you are going to need legal assistance. For help, complete the contact form below and schedule a free consultation with Kohan & Bablove, LLP. You can also reach us directly by calling 1-844-404-2400.