Is It Worth Suing an Uninsured Driver?
Following a car accident, the general principle is that the driver responsible for causing the collision is liable for covering the other driver’s injuries and damages. Usually, the negligent driver’s insurance company is responsible for the other driver’s injuries and damages. However, not all drivers carry the required auto insurance. If a driver does not have auto insurance, the situation gets complicated. After being involved in an accident with an uninsured driver, you may wonder if it is worth suing them. The decision of whether or not to sue an uninsured driver requires careful consideration of a few factors. In this article, we try to answer the question, “Is it worth suing an uninsured driver?”
Uninsured Driver Statistics
According to a 2023 study by the Insurance Research Council (IRC), in 2022, about one in seven drivers were uninsured in the U.S. The most common reason people drive without insurance is that they cannot afford it. Others do not purchase auto insurance because they believe they are skilled drivers and can never require liability coverage. Additionally, other drivers allow their insurance coverage to lapse due to forgetfulness or financial instability. Regardless of the reason, driving without auto insurance is a significant risk for the uninsured driver and anyone else involved in an accident with them.
Is It Worth Suing an Uninsured Driver?
When deciding whether it is worth suing an uninsured driver, there are a few factors you need to consider. First, you need to consider the financial situation of the uninsured driver. As mentioned in the previous section, some people drive without insurance because they cannot afford to purchase it or due to financial instability. Often, this means that these people don’t have sufficient financial resources to pay for damages in the event of an accident. Suppose the uninsured driver does not have sufficient financial resources. In such a case, winning a judgment may not result in you recovering the total damages owed. If the at-fault driver does not have sufficient resources, it may not be worth filing a lawsuit against them.
On the other hand, if the at-fault driver has sufficient financial resources, pursuing a lawsuit against them might be viable. In such a case, even though the driver lacks insurance, they may be able to satisfy a judgment and compensate you for your injuries and damages.
Another crucial factor to consider before deciding whether to pursue an uninsured driver is the cost of litigation. Litigation can be an expensive process. You should consider the cost of retaining an attorney throughout the litigation process, court fees, and other litigation expenses. If the amount you could potentially recover is minimal or uncertain, it may not be worth suing the uninsured driver.
Alternative Compensation Options
Before deciding to sue an uninsured driver, explore alternative compensation options. First, you can recover compensation through your insurance company if you have uninsured/underinsured motorist (UM/UIM) coverage. Second, you may file a workers’ compensation claim if your accident happened during job-related tasks. Additionally, there may be another party that you could hold liable, such as the at-fault driver’s employer, a manufacturer, or local government.
Contact Us for Legal Help
If you were involved in an accident with an uninsured driver, our Miami personal injury attorneys at The Pendas Law Firm can evaluate your case and help you determine what to do next. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Fort Myers, Fort Lauderdale, Tampa, Jacksonville, Ocala, Orlando, West Palm Beach, Daytona Beach, Bradenton, Naples, and Melbourne areas.
Source:
iii.org/fact-statistic/facts-statistics-uninsured-motorists#:~:text=In%202022%2C%2014.0%20percent%20of%20motorists%2C%20or%20about%20one%20in%20seven%20drivers%2C%20were%20uninsured%2C%20according%20to%20a%202023%20study%20by%20the%20Insurance%20Research%20Council%20(IRC).
