Suing an Uninsured Driver for Damages

Sue Anyone in Small Claims Court Suing an Uninsured Driver for Damages

Suing an Uninsured Driver for Damages

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As a responsible car owner, you made sure your vehicle has insurance. So that when an accident happens, you have peace of mind knowing you have insurance to fall back on. However, there are approximately 32 million uninsured drivers in the United States. 

What should you do if you are involved in an accident and the at-fault driver is uninsured or underinsured? How do you recover lost time and wages from work, expenses for medical bills and car repairs, and mental distress?


In this article, we will explore the steps to suing an uninsured motorist for damages and walk you through the standard claims process. We’ll also show you how DoNotPay can help you sue for damages the easy way!

What to Do After an Accident with an Uninsured Driver?

If you have been in an accident, your top priority should be to check your safety. You should take these steps immediately after the accident:

  1. Call 911 for medical assistance if you have been injured.
  2. Call the police so they can file an official report.
  3. Ask for the other driver’s name, contact details, and license number.
  4. If the driver at fault claims to have coverage, ask for the insurance information too.
  5. Ask any third-party witnesses if they can provide testimonies as to how the collision happened.
  6. Take pictures of the scene of the accident and any damages your car may have sustained.

Types of Insurance Coverage

If you’re involved in an accident with an uninsured driver, you will most likely depend on your own coverage to cover damages. The best way to protect yourself is to invest in these types of coverage: 

 

Coverage Details
Uninsured Motorist (UIM) Coverage Covers medical bills and other expenses related to car accident injuries if you’ve had an accident with an at-fault uninsured driver.
Uninsured Motorist Property Damage Coverage Covers vehicle repairs or replacement after an accident with an uninsured driver.
Personal Injury Protection (PIP) Covers your medical bills after a car accident with an uninsured driver.
Medical Payments (MedPay) Coverage
Collision Coverage Covers the cost of vehicle repairs after an accident. 

How to Sue an Uninsured (or Underinsured) Driver?

You may file a lawsuit against another driver but don’t expect too much of a victory if you win. That’s because there is no guarantee that you will be able to collect the damages. 

Nonetheless, there are cases where the uninsured (or underinsured) driver actually has personal assets that you can claim for damages. If that is the case, follow these steps:

  1. Verify that the defendant possesses assets of some kind by running a credit and asset check.
  2. Filing a lien on any disclosed assets to block the defendant from dispensing them while the legal proceeding is ongoing.
  3. After a judgment on the defendant has been issued, he/she may sign into a payment contract which may include monthly or weekly remittance.

To win the lawsuit, you need to prove negligence — how the at-fault drive caused the accident and the financial damages that you sustained as a result. Your case needs to have the following legal elements:

  • It is the uninsured driver’s legal duty to protect other drivers on the road from harm.
  • The uninsured driver failed to uphold that duty by causing an accident.
  • The uninsured driver’s negligence caused your injuries or property damage.
  • Because of the incident, you are suffering from economic damages, such as medical bills, lost wages, incurred expenses in car repair, etc. These are the damages you wish to recover.

How to Sue an Uninsured Driver with DoNotPay?

Filing a lawsuit is a daunting process in itself. What more if you were filing the lawsuit after you have been physically (and perhaps mentally) injured because of an accident? There are countless forms to fill up, demand letters to draft, and you also need to do the trip to the court yourself. 

That is where DoNotPay can help. We will help you file a case in small claims court at the comfort of your home. And since you will be suing in small claims, no need to worry about racking up hundreds of dollars in lawyer fees. All you have to do is:

  1. Log in to DoNotPay and select the Sue Now product
  2. Quantify your damages in monetary terms
  3. Select whether you want a demand letter or court filing forms
  4. Describe the reason for the lawsuit and submit any applicable details, including photo proof

That’s it! DoNotPay will then generate a demand letter or court filing forms for you. We’ll even mail a copy of your demand letter to the individual or business you are suing!

DoNotPay – The Robot Lawyer You Can Trust

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DoNotPay doesn’t stop at helping you sue an uninsured driver for damages. Join thousands of users who turn to DoNotPay for hassle-free litigation in small claims court. Here is a list of companies DoNotPay has helped sue:


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