Can You Sue an Uninsured Driver?

Can You Sue an Uninsured Driver?

A Missouri car accident is traumatic enough; discovering that the responsible driver is uninsured is frustrating. However, pursuing legal action against an uninsured driver is possible, even though it can sometimes be challenging. Our Missouri car accident lawyer can help you better understand your options for seeking compensation for your unexpected and unfair damages.

Missouri Uninsured Motorist Coverage

State law requires all motor vehicle drivers and owners to carry uninsured motorist coverage. The coverage must include $25,000 for bodily harm and $50,000 in bodily injury per accident.

Most insurance policies do little to cover the exorbitant costs of trauma medical care. For example, the cost of an air ambulance alone can far exceed your policy’s coverage.

Whether to sue the uninsured driver responsible for your accident depends upon various factors, such as:

  • The driver was unable to afford insurance coverage.
  • The driver carelessly let their coverage lapse.

If the driver’s lack of insurance results from their financial situation, it is likely that they do not possess assets worth pursuing in a civil case. In cases where they let the coverage lapse, their disregard for state laws, policies, and traffic regulations are unjust.

In both situations, accountability still matters. A Missouri car accident lawyer can review your case and determine whether a civil lawsuit is worthy of the time and attention it demands. If not, your lawyer may decide it is best to focus on the specifics of your insurance policies.

How a Lawyer Can Help You with an Unresponsive Insurance Company

A traumatic car accident is a frightening and confusing event. Yet, even if you have made timely payments on your policy, your insurance company may be unresponsive or reluctant to help you. Not only is this unfair, but it is also unprofessional, and where a lawyer can help you.

An auto insurance policy is a legally binding contract. A Missouri car accident lawyer can ensure that your insurance company upholds the terms of your policy. Protecting your best interests during this difficult time is crucial for securing the coverage you need and expect.

A lawyer can make phone calls, complete paperwork, and negotiate with insurance companies on your behalf. In addition, your lawyer will keep you informed of their progress as you focus on your medical procedures and appointments.

If you find your insurance company is responding aggressively, refer them to your lawyer. Any attempt to underpay or deny your claim is unacceptable. Your own insurance company may attempt tactics designed to confuse you purposely.

Insurance companies are for-profit businesses that seek to protect their bottom line. Therefore, most companies aim to offer a low sum to close a claim quickly. A closed claim means your case is over.

Severe injuries typically involve pain medications that can cloud your judgment. In addition, accepting an insurance company settlement without a lawyer present can leave you without the funds you may need later.

Your rest and peace of mind are too important during the healing process. While an uninsured motorist is a challenge, there are options for accountability, with help from a lawyer.

If you suffered severe injuries from a negligent, uninsured Missouri driver, you may still have legal options for pursuing compensation. 

Uninsured Driver and Your Missouri Car Accident Damages

If the person at fault for your injuries has no insurance, your lawyer may decide to proceed with a personal injury lawsuit. The responsible party’s assets are generally used to award damages if the case is successful.

Car accident damages range from lost wages to medical costs associated with your care. In addition, for some accident victims, returning to their job is impossible. The severity and permanency of their injuries make the task too difficult.

You can help your lawyer prepare your case by providing the following types of evidence:

  • A police report from the accident
  • Photos of the accident scene
  • Names and contact information for witnesses
  • Medical reports and bills
  • Proof of lost income
  • Loss of potential future earnings if unable to return to work.

A judge or jury decides whether to award accident victims compensation. A financial award is never guaranteed or promised. However, Missouri car accident victims have a right to fight for what they deserve, a fight that is easier with help from a personal injury lawyer.

Why You Must Act Quickly Concerning Your Uninsured Motorist Accident

Many accident victims lose track of time following a serious crash. Days, weeks, and months can pass before you realize it. However, when you face pressing court deadlines, losing track of time is dangerous for your case.

While you may face many challenges due to your injuries and lost income, you do not have to face them alone. A Missouri car accident attorney can manage your case, keep you informed, and protect your best interests.

Contacting a lawyer as soon as possible is imperative when you suffer harm from another person’s negligence. If the driver is uninsured, your lawyer can determine how to best move forward with your pursuit of compensation.

If going to trial is the best option, your lawyer must file your case within the Missouri statute of limitations. The sooner you contact a lawyer the less chance you have of the statute of limitations’ expiring.

Your Missouri car accident was likely preventable had the other driver obeyed state traffic laws. The cost of your medical care and treatment should not come from your pocket but rather from the liable driver or your insurance policy.

Contact Birk Law Firm for Help with Your Missouri Uninsured Motorist Accident

At Birk Law Firm, we understand that accident victims feel confused about their next step. We can help put your mind at ease with a free, no-obligation consultation. If we proceed with your case, we do not charge you any fees until we win your case.

A civil case involving an uninsured motorist is complex. Let the Birk Law Firm help you during this stressful time. We will put our experience to work for you. Call us today at 573-332-8585.

Attorney Kelvin Birk

Attorney Kelvin Birk

Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting and tax and business consulting, and more than 20 years of experience in numerous legal matters. This combined expertise allows our law firm to provide a level of service above that of other firms. Whatever your legal situation, your attorney at Birk Law Firm can counsel you as to the tax implications. We have experience in providing myriad legal representation services to residents of southeast Missouri and other areas.. [ Attorney Bio ]