Will an Uninsured Driver Automatically Be At Fault for a Crash?

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While the vast majority of states, excluding Virginia and New Hampshire, require that all motor vehicle operators carry minimum limits of auto insurance coverage, an uninsured driver will not automatically be found at fault and liable for a car crash.Put simply, in auto accidents involving uninsured motorists, the process used to determine fault is the same.

If you were involved in an accident with an uninsured driver, it is still possible for you as the insured driver to be found at fault for the crash, and in that event, your auto insurance will have to compensate the uninsured driver for the harm you caused.  If the uninsured driver was at fault, you will need uninsured motorist coverage in order to be compensated for your injuries and losses.

How is Fault Determined in a Vehicle Crash?

Lawyers and insurance providers use the following to determine who’s at fault for an auto accident:

  • Police reports – A police report offers an objective look at the events of the accident. Although the police were not there when the crash occurred, they have ample experience in investigating accidents, gathering important details, and getting involved parties to cooperate.
  • Evidence from the accident – These can include your injuries as well as videos, photos, surveillance videos, paint, skid marks, and the damage on the cars. All these can help show which driver caused the crash.
  • Traffic violations – If a driver was given a ticket for committing a traffic violation, this can help prove their fault for the crash.
  • Witness statements – Attorneys and insurance adjusters will reach out to anyone who saw the accident to get their statements, which will help in determining fault for the accident.
  • Environmental factors – These can include the location of the crash, the exact time it happened, and other relevant factors. For instance, some parts of certain roadways may be known to be hazardous, or poor weather conditions might have contributed to the crash, or perhaps another accident may have caused the accident.

What If The Uninsured Driver is At Fault for The Crash?

If fault for the crash is clear, you simply file a claim to recover compensation from the other driver’s suspected auto insurance provider as may be documented in the police report.  Send written notice that you need to have your vehicle repaired, and receive compensation for any medical bills, pain and sufferingand lost earnings you incurred. If there is no coverage, the insurance carrier will notify you in writing that there is no liability insurance and they will deny your claim. In that event, the entire process for seeking compensation will be different if the at-fault driver does not have auto insurance coverage.

However, if you have uninsured motorist coverage, you will be covered for your injuries. You will need to submit your bodily injury claim to your own insurance company in order to be made whole for your medical bills, pain and suffering, and lost wages.  If you also have collision coverage or uninsured property damage insurance, this will cover damage to your vehicle. If you don’t have uninsured motorist coverage, youronly option may be to sue the uninsured driver to pursue compensation for your accident-related losses.

Aside from suing the uninsured motorist that caused the crash, you should also consider bringing a claim or legal action against any other party that may have contributed to the crash. An experienced Suwanee, GA, auto accident attorney will investigate the crash and determine any other liable parties from whom you may recover compensation.

Talk to a Skilled Suwanee, GA, Auto Accident Attorney Today

Hit by an uninsured motorist in Georgia? Get in touch with the law firm of Banks, Stubbs & McFarland LLP today to learn more about your options for recovering financial compensation. Fill out our online form or call 770-887-1209 to schedule your free case review with our skilled Suwanee, GA, auto accident attorneys.