Legal Strategies for Dealing with Uninsured Motorists After an Accident

Personal Injury Law

two cars wreaked from a collision

Accidents involving uninsured motorists can complicate the recovery process, especially when trying to secure compensation for damages and injuries. In Michigan, where drivers are required to carry auto insurance, encountering an uninsured driver can be frustrating. Understanding the legal strategies available can help you protect your rights and pursue the compensation you deserve.

Step 1: Report the Accident Immediately

The first step after any car accident, especially one involving an uninsured motorist, is to report the incident to the police. A police report serves as an official record of the accident, documenting important details such as the date, time, and location, as well as the fact that the other driver was uninsured or intoxicated. This report will be crucial when filing claims with your insurance company or pursuing legal action.

Step 2: Review Your Insurance Policy

Michigan drivers are required to carry Personal Injury Protection (PIP) insurance, which covers medical expenses, lost wages, and other related costs regardless of who was at fault. Additionally, many insurance policies include Uninsured Motorist (UM) coverage, which can help cover damages if the at-fault driver lacks insurance. Review your policy to determine what coverage is available to you in this situation.

Step 3: File a Claim with Your Insurance Company

If you have Uninsured Motorist coverage, file a claim with your insurance company as soon as possible. This coverage can help pay for your medical bills, vehicle repairs, and other expenses resulting from the accident. Be prepared to provide the police report, medical records, and any other documentation that supports your claim.

 

Step 4: Consider Filing a Lawsuit Against the Uninsured Driver

While it’s possible to sue the uninsured driver for damages, it’s important to weigh the likelihood of actually recovering any money. Uninsured motorists often lack the financial resources to pay for the damages they cause, making it difficult to collect a judgment even if you win in court. Consulting with an experienced attorney can help you evaluate whether pursuing a lawsuit is a viable option.

Step 5: Explore Other Avenues for Compensation

In some cases, there may be other parties who can be held liable for your injuries. For example, if the accident was caused by a defective vehicle part, you may have grounds to file a product liability claim against the manufacturer. If the uninsured motorist was driving a company vehicle, you might be able to seek compensation from the employer. An attorney can help you explore all possible avenues for recovery.

Contact a Michigan Accident Attorney 

Dealing with an uninsured motorist after an accident in Michigan can be challenging, but understanding your legal options can make the process more manageable. If you find yourself in this situation, the attorneys at Smith & Johnsonare here to help. We can guide you through the complexities of your case and work to secure the compensation you deserve. Contact Tim Smith (tsmith@smith-johnson.com), call 231-946-0700, or complete our Contact Form for a consultation today.