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Car crash with an uninsured driver: What can be done?

On Behalf of | Nov 17, 2020 | Car Accidents

Although a car crash is a stressful situation to find yourself in, things may not suddenly seem so bad once you realize that you weren’t the cause of the accident. You look around and notice that everyone is okay and decide that it’s time to speak with the other driver. However, when you or a New Mexico police officer requests the other driver’s information, you find out that they don’t have any type of insurance. What should you do after learning this?

The law

Almost every state in the union requires anyone driving a vehicle to have both a driver’s license and automobile liability insurance. This is to ensure that the driver has the means to pay another driver if they are found to be at fault for causing a motor vehicle accident. Issues arise when drivers either refuse to obtain insurance or simply don’t have the financial means to do so. In fact, some reports state that over 28% of the people driving on the roads may not have an up-to-date insurance plan.

Your legal options

Depending on the state in which you reside, you are likely to come across the term “tort.” This means that the other person has caused a civil wrong and is thus ordered by the state to pay you any damages. However, this can become tricky once your attorney and the court is made aware that the driver does not have insurance. Unfortunately, if the other person does not have enough assets, very little can be done to have your damages paid for.

Additional insurance

There is not much you can do to get an uninsured person to pay for your damages. Although it’s a bit more expensive, you may choose to have an add-on to your insurance plan in the form of uninsured or under-insured motorist coverage.

Although you might be out of luck when another person is unable to pay you, all car crashes are different. Therefore, it is still recommended to obtain an attorney’s services to ensure that you have covered all your legal options.


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