Skip to content
Car accidents are never easy, but crashes involving uninsured drivers can be even more difficult. Another driver’s failure to carry insurance coverage can make it difficult for you to secure compensation for losses you sustained in an accident, even if the crash was the other driver’s fault. This added level of legal complexity is the last thing you need to deal with while recovering from an injury.
At Warner Law Offices, PLLC, we can help you understand what to do after being hit by an uninsured driver. Our West Virginia car accident attorneys are knowledgeable legal professionals with decades of combined experience. Learn more about our high-quality services by reviewing the glowing testimonials we regularly receive from our clients. If you’ve been in a crash with an uninsured driver, our uninsured motorist lawyers in Charleston can help.
Steps To Follow After an Accident With an Uninsured Driver
After an accident with an uninsured driver, it’s important to do everything possible to maximize your ability to fight for compensation. Keeping the following steps in mind after an accident can help keep you safe, preserve critical evidence, and avoid being shortchanged by insurance companies or opposing counsel.
Gather Critical Information
Safety comes first after any car accident. Before you do anything else, move your vehicle to the safest possible location. Check yourself for injuries and see if the other driver or drivers need medical assistance, then call 911. Do your best to stay calm.
In West Virginia, drivers must file a police report for any accident resulting in personal injury or $1,000 or more in property damage. Even if you’re not required to file a police report, it’s always in your best interest to do so. Police reports identify the drivers involved and contain information about the accident that insurers rely on.
Be sure to get the uninsured driver’s name, contact information, and vehicle details if possible. Even if they can’t provide insurance information, having their contact information will make it easier for your own insurer and attorney to reach them throughout the legal process.
Take pictures or videos of vehicle damage, traffic signs, and other aspects of the accident scene. The police report will include these, but having access to them yourself can help your insurance company decide more quickly. Collect witness testimony from any available witnesses if you can.
Don't Accept Money or Independent Settlement Offers
Uninsured drivers have a strong incentive to avoid legal processes, as being uninsured can come with legal penalties and hefty fines. However, accepting money directly from an uninsured driver is not advisable. Depending on your injuries and the damage to your vehicle, you could be awarded a significant settlement, which you stand to lose out on if you accept money from the other driver out of court.
It’s also never a good idea to accept a settlement offer without first speaking to an attorney. An experienced car accident lawyer can accurately assess the compensation you may be entitled to and fight for you to receive an adequate settlement. Without an attorney on your side, insurers and opposing counsel will try to get away with paying you the lowest amount possible to save money.
Notify Your Insurance Company
After an accident with an uninsured driver, it’s important to contact your own insurance company as soon as possible to report the incident.
Your insurer will likely require detailed information from you. Questions you can expect to receive from insurance adjusters include the date and location of the accident, factors you think may have caused the accident, the extent of the damage to your vehicle, the extent of your injuries, and similar inquiries about details that can contribute to your payout.
Insurance companies strive to pay the lowest amount possible for accident claims to keep their profits high. Working with a knowledgeable legal team can help you ensure your insurance company handles your claim fairly.
Avoid Posting on Social Media
Avoid posting about your accident on social media. You may think a post is harmless, but even seemingly innocuous posts can be used against you. For example, posting on social media about going on a trip shortly after the accident can be used to call into question the seriousness of your injuries. Always assume that your social media can be viewed by insurers and opposing counsel, and avoid posting as much as possible.
Consult With an Attorney
It’s always a good idea to reach out to an attorney in the aftermath of an accident, especially an accident involving an uninsured driver, given that these cases can be particularly complex. Our experienced legal team can help you manage your case and protect your interests.
Our West Virginia car accident lawyers are familiar with local laws and the nuances of working with insurance companies in our state. They can help you understand the compensation you may be entitled to receive for medical bills, lost wages, pain, suffering, and more.
Preventing Financial Loss in the Future
Smart financial planning and awareness of available insurance coverage can help you prevent losses in the future. West Virginia drivers must carry a minimum of $25,000 per person and $50,000 per accident in uninsured motorist coverage. However, increasing your coverage may help you avoid financial losses in the event of severe damage. Talk to your insurer about your coverage options.
Legal Options if You Don’t Have Uninsured Motorist Coverage
West Virginia drivers are legally required to carry uninsured motorist coverage. Therefore, your West Virginia insurance policy should cover you in the event of an accident involving an uninsured driver.
Whether or not you have uninsured motorist coverage, going through insurance isn’t your only option if you’ve been in a crash with an uninsured driver. Pursuing a civil lawsuit against the uninsured driver can help you recover financial losses, particularly if the driver has assets that can be collected through a court judgment.
Depending on the facts of your case, you may also be able to pursue a third-party liability claim. For example, if a manufacturer sold a defective car product or a local government failed to maintain its roads, you may have the option to pursue compensation from them instead. In all cases, however, it’s important to consult an attorney who can review your options and navigate your case through the legal system.
“Underinsured coverage is an option you can add to your own insurance policy to protect yourself and your family in case you’re in an accident with someone who doesn’t carry enough auto insurance.”
Contact the Experienced West Virginia Car Accident Attorneys at Warner Law Offices
If an uninsured driver hits you, you have legal options to pursue compensation. The knowledgeable West Virginia car accident lawyers at Warner Law Offices can help. Our attorneys are West Virginia locals committed to pursuing justice for injury victims throughout the state. Call (304) 345-6789 or contact us online for your free legal consultation.
