YOU ASK:

What does an insured driver do when hit by an uninsured driver?

WE ANSWER:

First, if he can, he should try to get the details of the uninsured driver. That includes his name, driver's license number, car license plate, contact numbers and address.

The uninsured driver will still have to face legal consequences for driving without insurance. You see, even if you are the one at fault in the accident, the fact that he is driving without insurance will still make him liable up to a certain degree.

The next step is to document the incident. Take pictures. If you don't have a camera, use your phone (most models already have cameras now). Be sure to take a lot of pictures from all relevant angles. Aside from pictures of the cars, take pictures of road hazards, weather conditions, skin marks (if there are any), signage and any other things that will help prove your claim that this was the other driver's fault. If you have witnesses to the accident, you can also try to document their statements.

Wait for the police to arrive. While waiting, avoid chatting, especially with the other driver. Never admit that you are at fault at this point. It is the job of the police to determine who was at fault. You see, if a witness hears you saying that you were the one at fault, this may negatively affect your case. Upon the arrival of the police, give your statement and then request for the accident report number so you can easily retrieve the police report when you need it.

Then, if you have no-fault insurance coverage, you can file a claim with your insurance company. You can also do so if you have comprehensive car insurance. Otherwise, you will need to consult your lawyer as to how you can get compensation from the uninsured motorist. A lawyer will also be helpful when negotiating with the insurance company.

The next step would be to file a lawsuit to claim for compensation from the erring driver.

But the upsetting thing about being in a fender bender with an uninsured motorist is that there may be a reason why he is driving uninsured - that is, he can't pay for car insurance premiums. And if he can't pay for premiums, the possibility of his paying for having your car fixed or paying for your medical expenses may be very little. The worst thing that could happen is that you will have to pocket the costs yourself.

Was this question and its answer useful?
Not a bit
  • Currently 3.6/5 Stars
  • 1
  • 2
  • 3
  • 4
  • 5
Very useful
Have a question about insurance? Ask the experts
Share: