What Happens if Someone Hits You and They Don’t Have Insurance?
Posted on May 11, 2022 in Car Accident
Getting into a car accident is not something any person enjoys, particularly if the other driver does not have insurance. This can lead to a nightmare when it comes to securing compensation for your losses, especially if the uninsured driver was at fault for the incident. Here, we want to discuss the various routes individuals can take to secure compensation after being struck by an uninsured driver in Oregon.
Turning to Your Uninsured Motorist Coverage
In many states around the country, uninsured motorist coverage is not required for drivers. However, in Oregon, every driver who wants to remain legal on the roadway is responsible for purchasing at least $25,000 per person and $50,000 per accident of uninsured motorist bodily injury coverage.
It is certainly beneficial that the state of Oregon requires this type of coverage for all drivers. Uninsured motorist coverage is incredibly helpful in the event a person sustains an injury in an accident caused by an uninsured driver or if a person is struck by a hit and run driver.
Any person injured under these circumstances should report the incident to their insurance carrier and begin the process of filing a claim. However, just because you have uninsured motorist coverage through your own insurance carrier does not mean that it will be easy to recover the compensation you need.
Insurance carriers, whether they are your insurance carrier or another driver’s, will put up a fight against having to pay out compensation. You will need to thoroughly document the incident and your injuries in order to recover complete compensation from your own insurance carrier.
Additionally, we recommend that all drivers consider purchasing higher uninsured motorist bodily injury coverage amounts than what the state requires. If you sustain a severe injury and only have the minimum of $25,000 per person in uninsured motorist coverage, chances are your expenses will rise far above these minimums. A single night stay in the emergency room and a few nights of being admitted to the hospital will easily reach this $25,000 amount.
Filing a Personal Injury Lawsuit
It may be possible to file a civil personal injury lawsuit against the at-fault driver in these circumstances. This may certainly be necessary if your expenses rise above your uninsured motorist coverage minimums. When you file a civil personal injury lawsuit against the other driver, this puts the case in the civil court system and possibly in front of a jury. Most claims are resolved before they go to trial.
However, we do need to point out that it is unlikely that a person who does not pay for insurance on their vehicle will have the personal assets necessary to pay you, even if you are successful with your personal injury claim.
Contact an Attorney
If you have been injured or sustained property damage as a result of an accident involving an uninsured driver, reach out to a Portland car accident attorney immediately. A skilled lawyer will examine the facts of your case and help you determine the best steps moving forward. If your insurance carrier puts up a fight against having to pay out full compensation for your losses, your attorney can help you deal with them as well.