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What if the at-fault driver doesn’t have insurance?

what happens if the at fault driver is not insured

Facing a car accident with an uninsured, at-fault driver can be incredibly stressful, so it’s crucial to know how to navigate the aftermath and secure compensation.

Keep reading for tips and insights from our Denver car accident lawyers, then call us at (866) 823-8288 to schedule your free consultation.

Immediate steps after discovering the at-fault driver is uninsured

The discovery that the at-fault driver lacks insurance often comes at a stressful time, typically right after an accident. Here’s what you should do:

  1. Document the accident scene – Take photos of the vehicles, the location, visible injuries, and other relevant details. These will be crucial for any claims or legal actions.
  2. Gather information – Obtain the at-fault driver’s contact and vehicle information, even though they are uninsured.
  3. File a police report – This is essential for documenting the accident and serves as an official account that can be used in legal proceedings or claims.
  4. Notify your own insurance company – Inform your insurer about the accident and the other driver’s lack of insurance.

Exploring uninsured motorist coverage

Most auto insurance policies in Colorado offer an option for uninsured/underinsured motorist coverage (UM/UIM). This coverage is designed to help when the at-fault driver is not insured.

What UM/UIM covers

This coverage can compensate you for medical expenses, lost wages, and pain and suffering that the at-fault party’s insurance would typically cover.

Filing a UM/UIM claim

Contact your insurance provider to initiate a claim under your uninsured motorist coverage. It’s advisable to do this as soon as possible following the accident.

Your legal options when dealing with an uninsured driver

When the at-fault driver lacks insurance, exploring your legal options becomes necessary to ensure you can still seek compensation for your damages. Here are some ways you can recover with the help of a skilled attorney:

  • Suing the uninsured driver – While you can file a lawsuit against them, recovering damages can be challenging if they lack the financial resources to pay a judgment.
  • Colorado Accident Reparations Act – Under the Colorado Auto Accident Reparations Act, drivers are required to carry a minimum amount of liability insurance. If a driver fails to meet this requirement, legal penalties can apply, but these do not directly benefit you as the victim.
  • Legal advice – Consulting with Zara Injury Law can guide you on the viability of a lawsuit and other potential legal strategies.

Preventive measures for the future

To protect against future incidents with uninsured drivers, consider these steps:

  • Review and adjust your insurance policy – Ensure that your policy includes sufficient UM/UIM coverage. This is one of the best ways to protect yourself financially from uninsured drivers.
  • Legal consultation – Regularly consulting with legal experts can inform you about your rights and the latest insurance and traffic law changes.

Work with Zara Injury Law and protect your right to compensation

Uninsured motorist coverage is highly advisable and can provide significant relief in such scenarios. Contact a knowledgeable attorney at Zara Injury Law for expert guidance and representation. We’ll help protect your rights and strategize to get you full compensation.