Do You Know What to Do if You’re Hit by an Uninsured Driver?
There are tens of thousands of car wrecks in the U.S. every year – and that’s all the proof we need that our traffic safety isn’t perfect. Ideally you’d never be involved in an auto accident, but realistically you will. You’d hope that if you were in an accident, there wouldn’t be any damage, no one would be hurt, and every party would have the appropriate insurance coverage. Once again, this is not realistic. If you’ve been involved in an accident with an uninsured driver, Law Offices of Fernando D. Vargas can help.
What you need to know about uninsured drivers
It’s a common myth that there’s no reason to try and sue a driver without insurance. The truth is that this is a complicated situation and you can’t know the right way to proceed without talking to an auto accident attorney.
Even if there’s no way to collect from the driver there may still be avenues to consider. The first step is generally to file an uninsured motorist claim against your own insurance company. Of course, they are likely to respond with the lowest possible compensation – an amount that may cover nothing but your actual damages. That’s where we come in.
What are “actual damages”?
First, let’s consider what the term “actual damages” refers to. Essentially, this is what can be measured in dollars. For example, if your vehicle is damaged then it’s easy to get an estimate to find out the actual damages – what it will actually cost to repair the damage. Likewise, if you experience a broken bone, it’s easy for the insurance company to quantify what your past medical bills have been. That said, actual damages ignore a number of other damages you may be eligible for:
- Punitive damages, also called exemplary damages, are used to punish someone. For example, punitive damages may be charged in the event of reckless driving.
- Nominal damages may be collected if you believe you’ve suffered beyond the physical injury in your accident. Insurance companies don’t want to cover nominal damages but Law Offices of Fernando D. Vargas will work hard to get you what you deserve.
- Your uninsured driver policy has a cap, which is set out in the policy. In most cases, it’s $15,000 if there’s injury to one person and $30,000 for all injuries in a vehicle. Paying the maximum is called “fully payment” and Law Offices of Fernando D. Vargas will work hard to get you full payment.
Now is the time to get the help you need
The best advice you can get when you’re involved in an accident with an uninsured driver is to get help right away. The longer you wait, the more problems you’re likely to run into. In fact, some insurance companies offer a window of only 30 days in which to file a claim. Contact Law Offices of Fernando D. Vargas right away at 909-982-0707 to get your free legal consultation.