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How do I file a personal injury claim against an uninsured driver?

What is a personal injury claim?

A personal injury claim can be explained as the process which entitles an injured person to receive compensation for his injuries. The personal injuries may be sustained due to an auto accident involving an uninsured driver. The compensation amount tends to differ for similar offenses depending on the extent of injuries suffered by the victim.

A personal injury claim is help out the injured person in numerous ways by:

  • Sorting out the medical expenses of the injured person
  • Granting some well deserved injury healing time, until the injured person is unfit for work
  • Covering other losses and expenses suffered by the injured person

Claims involving uninsured driver

Bringing an uninsured driver to court:

A driver having no vehicle insurance might not have any assets to show. Winning the lawsuit against such a person might not be fruitful as the culprit possesses little or no money. Even when the culprit does not pay the injured person, the victim can still knock the doors of the court for resolving the matter.

Options to pay claim amount:

The court can come up with a plan as in how much time is required for the payment to be made by the uninsured driver. For example- the payment can be made on a weekly basis by the offender. This procedure may not be an ideal one for the victim as it may consume a lot of time for addressal of compensation issue which even the lawyer may not approve of.

Investigating financial status of the uninsured driver:

A lawyer will only accept a case only if he is confident that the uninsured driver might be attaining some money or assets in an undisclosed location. Before demanding compensation from the uninsured driver, the lawyer will look to investigate the financial status of the offender.

Filing claim

An appropriate way of handling the personal injury case involving an uninsured driver is to make a claim against one’s own vehicle insurance firm under uninsured motorist coverage. As the insurance companies tend to have harsh time frames for reporting likely uninsured claims, it is always considered wise to inform them before hand about any uninsured claim notice.

Comparative negligence role in a claim

The comparative negligence role can bring down the compensation amount if the injured person is found at a fault. Few questions need to be asked are:

  • Was victim’s presence at the accident spot reasonable?
  • Was there any probability that the victim could have saved himself?
  • Was the victim involved in ignoring any warning?
  • Was the victim engaged in any unjustified activity that led to his injury?

According to comparative negligence rule, if an injured person is proved guilty with a fault of 51%, then he is not liable for any damages.

How an attorney can help?

A reliable and professional attorney not only helps handle the lawsuit in an efficient way but also assists his client in:

  • Dealing with the culprit’s insurer
  • Keeping a track of medical records and bills
  • Collecting and maintaining evidence to obtain damages
  • Making acceptable settlements with the defense attorney

An experienced attorney can always make the task of getting compensation all the more uncomplicated than predicted. There are various lawyers whose portfolios and contact numbers can be searched on internet.