Dealing with a hit and run collision where the at-fault driver is uninsured can be a daunting and frustrating experience. Whether you're dealing with a hit and run or an accident where the police are called out, understanding the legal steps and potential actions is crucial for getting compensation and holding the responsible party accountable.
Understanding Your Options for Insuranceless Accidents
Unfortunately, you cannot directly get the license of the at-fault driver suspended simply because the accident occurred without insurance. However, there are several actions you can take to hold them accountable and seek financial compensation for your damages. This includes:
Suing the Driver: You can file a personal injury lawsuit to recover damages. The damages can include medical expenses, property damage, and pain and suffering. This legal action can also serve as a deterrent for the driver to take responsibility. Insurance Claim: File a claim with your own insurance company, even if the at-fault driver was uninsured. Your insurance may provide you with coverage under your own policy, particularly under comprehensive or collision coverage. Contacting Law Enforcement: If the accident is serious or you feel the need for immediate intervention, reporting the incident to the Department of Motor Vehicles (DMV) or local law enforcement can create a paper trail that may lead to further legal action. Community Resources: Some states offer programs where victims of hit and run accidents can seek assistance. These resources may provide financial aid or support in taking legal action.Personal Experience: A Hit and Run with An Uninsured Driver
Recently, I had a brand new car hit at a red light due to the negligence of an uninsured driver. The incident started when I was waiting at a red light and a driver hit me, intending to leave without proper reckoning. He even tried to downplay the severity of the accident by referencing his Oxy prescription and claimed that his license would suffice to prove he had insurance later on.
When police arrived, they did not impede the driver's departure as they believed that no one was impaired and the damage was minor. The trooper wrote a ticket for being uninsured but showed limited concern for ensuring the driver actually had insurance. This highlights the complexity of handling such cases, especially when dealing with drivers who think their insurance documents can be easily faked.
Through word of mouth from a security guard, I learned that many drivers use forged insurance documents in court, further complicating the situation. It is crucial to collect any evidence, such as surveillance footage or witness statements, to build a strong case.
The regret I have is that I didn’t manage to get the name of the trooper involved. Reporting this incident with his name could have brought more attention to the lack of effective enforcement and add weight to the broader issue of hit and run accidents, especially involving uninsured drivers.
A Second Incident: Dealing with a Hit and Run by an Unlicensed and Uninsured Driver
Another experience I had involved a parked vehicle being hit by an unlicensed, uninsured, illegal alien who had run a stop sign while texting. Unfortunately, the police didn't respond for over 4 hours. By the time they arrived, everyone had left the scene. In this situation, I took a more direct approach by locking the driver's truck and demanding payment for the damages. It took the individual 6 months to resolve the matter, and in this case, it served as a lesson for them to deal with the consequences of their actions.
What should be clear from these experiences is the importance of taking decisive action, collecting evidence, and utilizing all legal avenues available to you. Whether it's through insurance claims, legal actions, or reporting the incident to the authorities, enacting meaningful change requires vigilance and persistence.
Remember, the legal and administrative process can be lengthy, but standing your ground and seeking justice is worth the effort. By understanding your rights and the available options, you can protect yourself and hold the responsible party accountable.
Key Actions to Take:
File a lawsuit for damages. Submit an insurance claim for your property damage. Report the accident to the proper authorities. Seek community resources for financial aid and legal support.Conclusion
Dealing with insuranceless accidents, particularly hit and run incidents, involves a combination of legal actions and practical steps. By knowing your rights and utilizing the tools available to you, you can ensure that you are well-equipped to navigate the complexities of such situations and hold the responsible party accountable.
Stay informed, collect evidence, and take action to protect your interests and safety.