Mitch | June 18, 2024 | Car Accidents
What If You’re Hit By An Uninsured Driver?
We’re regularly contacted by potential clients who have been in an accident where they’ve been hit by an uninsured driver. They’ve been injured and/or had their car wrecked through no fault of their own. However, the other driver didn’t have insurance, so they don’t know what to do. Unfortunately, the options are limited and depend on what type of coverage the victim has on their own vehicle.
Alabama Insurance Requirements
Alabama requires drivers to have at least $25,000 in liability coverage in order to purchase a tag. Liability coverage will pay for vehicle damage and bodily injuries caused by the driver’s negligence. Nonetheless 20% of Alabama drivers ignore the law and don’t carry any liability coverage. Until Alabama starts emphasizing enforcement of this requirement and implements stricter penalties, more innocent victims will pay the price.
Property Damage Claims
If the accident involves vehicle damage, the big question is whether you have collision coverage on your vehicle. Collision coverage pays for repairs to your vehicle if it’s damaged in a collision, regardless of fault. There’s a deductible for repairs (usually $100 – $2,500) that the vehicle owner must pay. Then, the insurance covers the rest of the repair cost. Many drivers with older vehicles choose to buy only liability coverage, not collision coverage. This saves money but carries risk. Without collision coverage, if your vehicle is damaged and you were hit by an uninsured driver, you’re stuck paying for repairs out of pocket.
Personal Injury Claims
If you (or your passengers) suffer bodily injuries in a collision in which you’ve been hit by an uninsured driver, everything depends on whether you – the vehicle owner – have uninsured motorist coverage. If someone is injured due to an uninsured motorist (or a hit & run motorist), uninsured motorist coverage acts as the liability insurance for the uninsured driver. Unlike regular liability insurance, uninsured coverage only covers bodily injury, not vehicle damage. Uninsured motorist coverage is inexpensive ($5-$6 per month). It’s crucial to include it on your policy. For someone severely injured by an uninsured driver, having uninsured motorist coverage could be life-changing when faced with huge medical bills and lost wages.
Small Claims Court
The nightmare situation is when there’s substantial vehicle damage or bodily injury caused by being hit by an uninsured driver, and the victim has no collision or uninsured motorist coverage. Unfortunately, this happens often. The only option is to sue the driver in court and try to collect from any assets they might have. The problem is that if the driver can’t afford insurance, they probably have little or no assets.
Because it’s so difficult to collect in these situations, very few attorneys (probably none) are willing to handle a case involving no insurance coverage. Under these circumstances, the only reasonable recourse for the victim is to file a claim without an attorney in Small Claims Court. There’s a $6,000 limit in Alabama for cases filed in Small Claims Court. If a judgment is obtained, there’s still the issue of collection, execution on their assets, garnishment of their wages, etc. This will require the hiring of a collection agency or collection attorney to see if anything can be recovered. Unfortunately, collection against an uninsured driver is almost always a waste of time and money unless the uninsured driver is named Bill Gates or Elon Musk.
The takeaway from this is clear: If you don’t have collision and uninsured motorist coverage, then you are taking the huge risk of suffering substantial financial loss if you’re hit by an uninsured motorist.
Summary of Options
| Property Damage | No Collision Coverage ▪ File case without an attorney in Small Claims Court and hire a collection agency if you get a judgment. | Property Damage | Collision Coverage ▪ Have your insurance company repair your vehicle. (Possible increase in your premiums.) ▪ File case in Small Claims Court and hire a collection agency if you get a judgment. (Remember that your insurance is entitled to reimbursement against all amounts they paid for repairs – before you get anything.) |
| Bodily Injury | No Uninsured Coverage ▪ File case without an attorney in Small Claims Court and hire a collection agency if you get a judgment. ▪ If you have “MedPay” coverage, you may be able to collect a limited amount under your policy ($500-$5,000) as reimbursement for your medical expenses. | Bodily Injury | Uninsured Coverage ▪ File a claim with your insurance company under your uninsured motorist coverage. ▪ If you have “MedPay” coverage, you may be able to ALSO collect a limited amount under your policy ($500-$5,000) as reimbursement for your medical expenses. |
Let An Experienced Attorney Answer Your Questions
Since 1952, attorneys with the Lattof & Lattof law firm have been helping victims of motor vehicle accidents. If you’ve been hit by an uninsured driver and have questions about your rights, Lattof & Lattof, PC will provide you with a FREE consultation. Contact us either by calling our office at (251) 432-6691 or filling out an online request form [link] to discuss your case and explore your available options.