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What Happens If I Am Injured by a Driver With No Insurance?

Every state in the US requires that drivers carry minimal insurance protections. Most states require drivers to carry some kind of liability insurance and medical insurance, so they can pay if they are sued after causing an accident.

However, not everyone that actually drives has liability insurance. So, if you are injured in a car accident and the driver does not have liability insurance, what do you do?

How to Deal With Uninsured Drivers

if you are injured in an accident that is caused by an uninsured driver, then there are usually 2 options to take. You can either sue the uninsured driver and your own uninsured motorist coverage provider or you can pursue recovery directly from the uninsured motorist coverage.

Sue the Driver

If you opt to sue the uninsured vehicle operator, then you will likely not be able to get the full amount that you want. Personal injury suits can be very expensive and the person who caused the accident probably does not have enough money to compensate you entirely out of pocket.

Even if the driver is determined to be responsible, the payout will likely be small. Compensation is essentially limited to how much that person owns, which in some cases can be very little. The main problem is that the court cannot demand that the person pay what they do not have.

In some cases, the court will establish a payment schedule so that the victim is at least guaranteed some kind of payment. With a payment plan, the losing party will have to make regular payments to the victim, usually on a weekly basis.  Most of the time, payment plans payout very little money.

If it turns out that the losing party has no insurance but a substantial amount of money, the after fault has been proven and finances have been determined, your lawyers can file a lien against that property to freeze the assets. This asset freeze will continue until the case is complete.

Uninsured Driver Claim

The second option is for the victim to file an uninsured motorist claim with their own insurance policy. This claim is filed with the insurance company that the victim has. Uninsured driver claims need to be made very quickly after an accident has occurred.

Since an uninsured motorist claim is with your own car insurance company, the process goes along much like a normal car insurance claim. The main difference is that you have much fewer options when the company is determining the payout.

Recently injured in a car accident and sorting through what to do about your personal injury case? Contact the Indianapolis Car Accident Lawyers at Hurst Limontes LLC today for a free consultation!

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    FAQs
    Our Fees

    It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

    If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

    If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

    Our Fees

    It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

    If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

    If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

    Case Worth

    As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

    Why Hire?

    Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

    Medical Bills

    If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of Hurst Limontes LLC and learn if we may be able to help.

    Recovery

    After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney