Being involved in a car accident is already a stressful and often traumatic experience in Belleville, IL. That stress can escalate when you discover the other driver doesn’t have insurance. In most states, it’s illegal to drive without insurance, but that doesn’t stop some drivers from breaking the law. If you find yourself in an accident with an uninsured driver, you might wonder if it’s possible to sue them to recover damages. The short answer is yes, but there are several factors to consider before pursuing a lawsuit.
Understanding Your Insurance Options First
Before diving into a lawsuit, it’s essential to assess whether your own insurance policy can cover some or all of the damages. Many drivers in Belleville, IL carry uninsured motorist (UM) coverage, which is specifically designed to protect you in cases like these. UM coverage can help pay for medical bills, lost wages, and damage to your vehicle. If you have this type of coverage, you may not need to file a lawsuit, as your insurance company may compensate you directly.
When Suing an Uninsured Driver is Necessary
If you don’t have uninsured motorist coverage or your damages exceed the limits of your policy, you may need to consider suing the uninsured driver. However, it’s important to remember that just because you win a lawsuit doesn’t guarantee you will collect the full amount of damages owed to you. Many uninsured drivers lack sufficient financial resources to cover the costs of an accident, which is often why they don’t carry insurance in the first place.
That said, suing an uninsured driver can still be a worthwhile endeavor if:
- The driver has significant assets that can be liquidated to cover the damages.
- You can garnish their wages after obtaining a court judgment.
- The driver’s lack of insurance is especially egregious, and you want to hold them accountable legally.
The Process of Suing an Uninsured Driver
If you decide to sue, you will first need to file a civil lawsuit in the appropriate court. The process typically begins with gathering evidence to prove that the uninsured driver was at fault for the accident. This may include:
- Police reports: Official documentation of the accident is critical in proving fault.
- Witness statements: Testimonies from people who saw the accident can support your claims.
- Medical records and bills: These documents demonstrate the extent of your injuries and the associated costs.
- Photographs and videos: Visual evidence of the damage to your vehicle and the scene of the accident can be compelling in court.
Once you have gathered this evidence, your attorney will file the lawsuit and initiate the legal process. Keep in mind that litigation can be lengthy and expensive, so it’s important to weigh the potential benefits against the costs.
Collecting Damages
If the court rules in your favor, you may be awarded damages, which could include compensation for medical bills, lost wages, pain and suffering, and property damage. However, collecting these damages can be a challenge if the uninsured driver lacks the means to pay. You may need to explore options like wage garnishment, placing a lien on the driver’s property, or negotiating a payment plan.
Been in a car accident caused by an uninsured driver in Belleville, IL? Looking to sue for damages. Call Don Cary Collins, Attorney at Law today.
