The stress and worry that comes with being hurt in a car accident can be overwhelming under the best of circumstances. This stress only increases when it is unclear how your accident will be paid for. If the person at fault for the crash does not have insurance, you could be stuck paying for your losses alone.
The good news is that there are options following uninsured/underinsured car accidents in Wilmington. You have the chance to pursue a personal injury lawsuit and possibly recover your losses through your own insurance policy.
Uninsured vs. Underinsured Drivers
While some people use these terms interchangeably, there are notable differences between uninsured and underinsured drivers. A person is uninsured if they lack any liability coverage whatsoever. Liability insurance is designed to pay claims made by another party when the policyholder is at fault for a collision. This type of coverage is required by law, but some people do not purchase it or allow their policies to lapse due to the cost.
A driver is underinsured when they have liability coverage, but it is not enough to pay the full value of an injury claim. Medical bills and vehicle repairs are costly, which can quickly result in a claim that far exceeds the at-fault driver’s policy limits. Understanding the differences between uninsured and underinsured drivers is important following a collision in Wilmington.
Pursuing a Civil Suit
There is nothing about a collision with an uninsured/underinsured driver in Wilmington that prevents a person from filing a civil lawsuit. Ultimately, a monetary award is possible if there is evidence that negligence led to the crash. The downside to this approach is that uninsured motorists rarely have the resources to pay for an injury claim.
Negligence has four elements. A plaintiff must show that the driver who caused the action had a duty to avoid harming them but failed to uphold that duty. Usually, this involves some kind of moving violation like speeding or drunken driving. A successful negligence claim also requires proof of damages and causation.
While this situation might feel hopeless, there are many times when legal action against an uninsured or underinsured driver leads to fair compensation. The at-fault drivers might have more resources than they let on, and collection efforts can go on for years as needed. It is always worth looking into a lawsuit after a crash.
Talk to a Lawyer in Wilmington About Uninsured or Underinsured Car Collisions
If you have been hurt in an uninsured/underinsured car accident in Wilmington, you have the opportunity to pursue a monetary award from the at-fault driver. Even if that person lacks adequate coverage, you still have the chance to file a lawsuit or an insurance claim. Reach out to Doroshow, Pasquale, Krawitz, & Bhaya today for a private consultation.