How To Handle An Accident With An Uninsured Driver

Accidents are uncertain events that could happen to anyone, and to safeguard themselves from financial loss, people must cover themselves with an insurance policy. However, it is unnecessary for other drivers with whom an accident occurred to have taken an insurance policy, or he might be uninsured. This article will discuss how to handle an accident with an uninsured driver.

Immediate Steps To Take At The Scene

Whenever any accident happens, drivers must take some immediate steps to cure themselves of further losses:

Ensure Safety And Check For Injuries

First, make sure drivers and all the passengers are safe. If anyone is injured, call 911 immediately for medical assistance.

Call The Police

Contact the police to report the accident. An official record is essential, especially since the other driver is uninsured. The police report will document the incident and can be helpful later.

Do Not Accept Money Or Settle Privately

It is essential not to settle privately, and insurance coverage will help recover losses and reduce financial burdens.

Exchange Information

While dealing with an uninsured driver, gathering accurate information about the accident becomes even more crucial. Exchange contact details with the other driver, including names, phone numbers, and addresses.

Gather Evidence

One of the important steps should be gathering evidence if any available at the accident site such as CCTV footage to help the police to take further action.

Identify Witness

It is also important to identify the eye witness of the accident who can help the police get into conclusion faster.

Reporting the Incident

Notify Insurance company

You need to contact your insurance company as soon as you can. What your insurance company will be able to do at this point depends on a few things, like the damage incurred and the specifics of your policy. 

Obtain Police Report

It is important to obtain the copy of FIR done with police, especially in case of an accident with an uninsured driver , this will help the victim to get the insurance claim without any obstacles.

Understanding Your Insurance Coverage

It is essential to be aware of the coverage that insurance will give you whenever any accident happens; here are some coverages that one should know about:

Uninsured Motorist Coverage

Uninsured motorist coverage is a type of car insurance that pays for the medical expenses if you or your passengers are injured in an auto accident caused by:

•       An uninsured driver.
•       A hit-and-run driver.
•       A driver whose insurance company denies coverage or goes out of business.

Medical Payments Coverage

Medical payments coverage in car insurance pays medical bills up to the specified coverage limit for the driver and any passengers riding in your vehicle in case of an accident, regardless of who is at fault.

Legal Options And Considerations

Victims may take the following action when insurance coverage is insufficient to fulfill the loss.

Filing A Lawsuit Against The Uninsured Driver

Victims may take legal action by filing a lawsuit against the uninsured driver, in which they have to prove the driver’s negligence, which caused the accident and resulting damages.

Statue of Limitation

As per the Motor Vehicles Act ,1988 whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 146 shall be punishable [for the first offence] with imprisonment which may extend to three months, or with fine [of two thousand rupees,], or with both [and for a subsequent offence shall be punishable with imprisonment for a term which may extend to three months, or with fine of four thousand rupees, or with both.].

Consulting With An Attorney

If an uninsured driver is involved in an accident, it's crucial to consult an attorney immediately. Lawyers can guide you through the legal complexities and protect everyone's rights. They can provide a case evaluation and discuss your potential avenues for defense.

Preventative Measures For The Future

Importance Of Uninsured Motorist Coverage

This type of insurance protects you if you're hit by an uninsured driver. It covers medical expenses, lost wages, and other related costs.

Regularly Reviewing Your Insurance Policy

Regularly renew your insurance policy so that you never suffer any financial loss due to negligence in renewal.

Safe Driving Practices

Always be aware of your surroundings and anticipate potential hazards. This reduces the likelihood of accidents.

Conclusion

To keep yourself protected from uninsured motorists requires a combination of the right insurance coverage and proactive driving habits; having the right insurance policies minimizes financial losses and gives peace of mind in case of mishap.

FAQs

What if the Uninsured Driver Flees the Scene?

If a driver flees the scene, report it to the police and provide vehicle details and witness information. If the driver is untraceable, you may claim under your uninsured motorist coverage, needing proof of contact or a witness verification.

Can I Still Claim if I Don't Have Uninsured Motorist Coverage?

If you don't have uninsured motorist coverage then can go with filing a lawsuit against the culprit.

How Does an Uninsured Driver Accident Affect My Insurance Rates?

No insurer can increase insurance premium based on the accident with an uninsured driver if the person is not at fault.Therefore, if you are not responsible for the car accident, your insurance rates should not go up.