What If The Other Driver Does Not Have Insurance?
When you get into a motor vehicle crash, and the other driver does not have auto insurance coverage, the situation will become more complicated than if they had insurance. This is especially true if they caused the crash and are responsible for compensating you for your injuries and other damages. Even if you have auto insurance, it might be very difficult for you to receive the compensation you need to cover your losses.
While most states require drivers to carry proper auto insurance coverage limits, not all motorists follow the rules. Fortunately, you have some options to recover compensation. To determine the most viable option specific to your situation, you should discuss your case with a skilled Nashville car accident lawyer right away.
You Can File a Claim Against Your Own Insurance Coverage
While drivers in Tennessee are not legally obligated to have underinsured or uninsured motorist coverage, this coverage will cover your injuries if another driver, who does not have auto insurance or whose coverage limits are not enough to cover your damages, injures you.
Essentially, uninsured motorist insurance helps ensure you have liability coverage to cover injuries to you and your passengers in an accident with an uninsured driver. It also safeguards your finances from the potentially costly consequences of uninsured motorist crashes. You can also file a claim against your collision coverage if you have this policy (not required by the state) to cover your vehicle damage. You can use this coverage regardless of the fault of the crash, but you will need to pay a deductible.
If you don’t have uninsured motorist coverage and collision coverage, which is fairly common because they are required under state law, you can explore filing a lawsuit against the uninsured driver.
You Can File a Lawsuit Against The Uninsured Driver
You also have the option to sue the uninsured driver who caused the accident and get compensation from their personal assets. However, you should first speak to an experienced Nashville car accident lawyer to determine whether suing the uninsured driver is worth it. Your attorney will evaluate the facts of your case and run an asset or credit check on the uninsured driver to determine whether suing them will get you the money you deserve.
In case your lawyer decides it’s best to pursue a lawsuit and you win, you have two options to secure compensation from an uninsured driver who cannot or does not want to pay the judgment:
- Your lawyer can file a lien on the driver’s property to freeze their assets so they can’t sell or spend them while the lawsuit is ongoing. If you win the case, you can get your compensation from the sale proceeds once the driver sells their property.
- If the uninsured driver does not have the money to pay the entire judgment, the judge can set up a payment schedule so that the driver can pay you some money once weekly or monthly until they have paid the full amount.
Talk to Our Skilled Nashville Car Accident Lawyers Now
Whether you need help with your uninsured motorist claim or determining if suing the uninsured driver is a viable option to secure compensation, the Nashville car accident lawyers at Raybin & Weissman can help you. Arrange your free consultation with our Nashville car accident lawyers by calling 615-256-6666 or contacting us online.