One of the reasons your Birmingham car accident lawyer says to call the police after your crash is so they can do an investigation. It’s the only way to know if the other driver has insurance. If the other driver asks you to not call the cops, there’s a good reason. They may not have a license. Or they could be under the influence of drugs or alcohol. The other reason is that they may not have auto insurance. Even though it’s against the law to drive without insurance, people do it all the time. If that happens, it limits your options when it comes to filing suit.
The good news is that your Birmingham car accident lawyer can help you pursue the compensation you deserve. They can help you file a claim under your own uninsured motorist’s policy. The problem is that this sort of coverage is low. It may not cover all your damages. You may have no choice but to file a personal injury lawsuit against the other driver.
Alabama Law Requires All Drivers to Carry Auto Insurance
Just like every other state, Alabama requires all drivers to carry automobile insurance. There’s no way the State is going to want to cover the costs of motor vehicle accidents. If drivers carry their own insurance, the burden on the state will be low. If you’re caught driving without insurance, you’ll get a ticket. And if you get into a car accident in Alabama and don’t have insurance, you can get fined, be arrested, or worse.
Even though the law in Alabama is clear, some people still drive without insurance. A handful of them truly didn’t realize their policy had lapsed. For the most part, however, they just couldn’t afford it. When you have to choose between food for your family or insurance, you’re going to opt for groceries.
You Can Try to File a Claim Under Your Uninsured Motorists Clause
One option you have is to file a claim under your own policy. Most policies include a small amount of coverage for uninsured drivers. If you get into a crash with someone who doesn’t have insurance, you can turn to your own policy for protection. However, the coverage is low. Some policies only cover about $10,000 in damages. That’s why so many Birmingham car accident lawyers must file suit against uninsured drivers.
Your Birmingham Car Accident Lawyer Can Sue the Driver Individually
It’s not unusual to have to sue another person in court. It’s not even that unusual to sue someone for a car accident. The problem is, in this situation, your Birmingham car accident lawyer will be suing someone who doesn’t have insurance. Even if you win, what are the odds that the defendant will have money to pay any damages? If you think about it, the kind of person who drives with no insurance probably doesn’t have anything to lose. At least when you name the insurance company in your lawsuit, you feel confident that you’ll get paid if you win. The same can’t be said for a suit against an individual driver.
Will Your Judgment Ever Get Paid?
What this means is that you may end up with a judgment that isn’t worth the paper it’s printed on. Years ago, if you had a judgment against somebody, you could go after their assets. For example, consider a defendant who owns a property with $150,000 equity. If you got a $100,000 judgment against this driver, you’d be in luck. You would ask the court to force them to sell their home so they could pay you. Today, the courts are a lot less likely to let you go after the defendant in this manner. They protect their wages, bank accounts, and real property.
Contact an Experienced Birmingham Car Accident Lawyer Right Away
If you’re involved in a motor vehicle accident, you need to do a few things. First, call the cops so they can come out to the scene. They’ll do their investigation and find out if the defendant has insurance. Second, go to the hospital. Make sure you’re okay and haven’t suffered any internal injuries. Finally, call and talk to an experienced Birmingham car accident lawyer. They can review your case and see what options you have available. Call today and schedule your free, initial consultation. Sit down with somebody who knows the law. There’s just too much at stake to try to handle this on your own.
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