Any type of car accident is already very stressful. When you find out that the other motorist is uninsured, your stress level and level of uncertainty rise as you try to determine who will be responsible for paying your medical expenses, property damage, and lost wages. Many individuals in this circumstance look for legal representation regarding suing an uninsured driver for damages.
In Vermont, if you've been hit by an uninsured driver, you may still be able to get compensated for your losses by suing the uninsured driver for damages. You can explore your options and the claim process with the help of an experienced Vermont auto accident attorney. In Vermont, your compensation for injuries sustained in an accident with an uninsured driver will depend on your own insurance, the financial situation of the at-fault driver, the owner of the vehicle, and whether any third parties were at fault.
In such a critical situation, the presence of reliable legal counsel can be reassuring. Brandon J. Broderick, Attorney at Law, is dedicated to providing each client with superior legal representation. This means that you will not be required to deal with any legal nonsense that may arise in a car accident case. This is only one of the numerous reasons why our Vermont auto accident lawyers are the best in the state. Please contact us for a free evaluation of your case if you have been injured in a Vermont car accident.
What Exactly is an Uninsured Driver?
An uninsured motorist is a driver who does not have car insurance. In most states, it is required by law for drivers to have car insurance in order to operate a vehicle on public roads. Uninsured motorists may be driving without insurance for a variety of reasons, including failing to renew their insurance, not being able to afford insurance, or simply choosing not to purchase insurance.
If you are involved in an accident that was caused by an uninsured driver (a driver who does not have the minimum level of insurance required by law), Vermont's uninsured motorist coverage will compensate for any property damage or personal injuries.
If you have a standard policy, your auto insurance should cover any of the following that cause damage to your vehicle:
- An individual who was uninsured at the time of the collision.
- A Business/Company that was operating without liability insurance at the time of the collision.
- An individual who, although they have liability insurance at the time of the collision, their auto insurance company has refused to pay for the damage.
- An individual who had inadequate insurance to pay for all of your damages.
- A Business/Company that had inadequate insurance to pay for all of your damages.
How Vermont's Uninsured Motorist Coverage Works
Suing an uninsured driver can be challenging and is frequently not the best course of action. The majority of uninsured drivers didn't have enough money to buy auto insurance in the first place, much less enough to cover your medical expenses or automobile damage. Because of this, filing a claim against the motorist as well as an uninsured driver claim with your insurance company is a far wiser way to recover.
You will get at least a minimal amount of coverage for uninsured drivers who cause the collision if you carry at least a standard policy for auto insurance. The bare minimums include:
- Bodily injury liability coverage: $25,000 per person and $50,000 per accident
- Uninsured motorist bodily injury coverage: $50,000 per person and $100,000 per accident
- Uninsured motorist property damage coverage: $10,000
Since many auto insurance companies have deadlines for notification and claims, it is crucial that you notify them right away if you intend to submit an uninsured motorist claim.
Even a standard policy might not be enough to fully cover your losses if you've been gravely hurt. Furthermore, just because you are filing a claim with your own insurance provider does not mean that they can reject it or undervalue it. The best course of action may be to first discuss your case with a skilled auto accident attorney in Vermont.
Suing a Driver Who Is Not Insured for Damages
Car accident victims frequently consider this option first, and it is true that you always have the choice to sue another driver if you were hurt due to their carelessness or negligence. But bringing a claim against an uninsured driver is frequently difficult. Any lawsuit brought against a negligent driver lacking adequate personal assets may make any possible lawsuit a wash. In other words, filing a lawsuit will only wind up costing you more money and time if the uninsured motorist is unable to compensate you for your losses
In some exceptions, it’s possible a negotiated payment schedule could be enforced by the court. A personal injury debt may also be collected in the following ways:
- Garnishing the defendant’s wages or bank accounts.
- Imposing a lien on property.
- Seizing personal property.
- His/her driver’s license could also be suspended until the debt is paid.
Insured Car with an Uninsured Driver
Investigating the ownership of the car is another possibility if suing the uninsured motorist for damages is not an option. Contrary to popular belief, auto insurance covers the vehicle, not the driver. Any driver of such car is protected by the owner's insurance if it exists, provided that the driver was not expressly excluded from the policy. The owner of the vehicle may be held partially liable for the collision if they permitted the careless driver to use and drive it.
Liability to Third Parties
If there was any negligence on the part of another motorist, a car part maker, or another party that increased the severity of your injuries, they may be found liable for the accident. For instance, manufacturers of auto parts are responsible for the safety of their products. These businesses could face legal action if the parts malfunction as a result of manufacturing issues. In some situations, a component that was improperly put in the car can lead to an accident. When that occurs, the dealership or mechanic who mistreated your vehicle may be held liable.
How to Protect Yourself From Uninsured Drives in Vermont
The best way to protect yourself is by making sure that you have a standard auto insurance policy in Vermont that includes uninsured and underinsured motorist coverage. More information on Vermont’s minimum requirements for car insurance can be found here.
Assistance With a Vermont Uninsured Driver Claim
In the event of an automobile accident brought on by the carelessness or recklessness of another, you have a right to receive the highest amount of compensation for your damages. Working with a skilled auto accident attorney can significantly impact how your case turns out. Why take a chance on receiving unequal compensation and being powerless to correct it? You don't have to pay anything up front to get a personal injury attorney from Brandon J. Broderick. We only get paid if we win your case; our fees are contingent. You won't have to pay if we do not win your case.
For a free consultation, get in touch with Brandon J. Broderick, Attorney at Law. We can turn your setback into a comeback thanks to our demonstrated track record of success and dedication to client care.