Legal

What You Need to do After You Have Been in a Car Accident With an Uninsured Driver

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Every year and in every country around the world there are many motor vehicle accidents that occur. It is an unfortunate fact of life that motor vehicle accidents occur and that on occasions they are inevitable and unavoidable. Being unfortunate enough to be involved in a car accident can be frustrating in itself and is even more frustrating and tiresome when the driver who is at fault for the accident has not been responsible enough to ensure that he or she has car insurance. In these such incidents, the innocent party will often find it very difficult to seek and receive sufficient compensation from the at-fault party so as to place them as best possible as they would have been if the car crash had not happened in the first place.

People’s Expectations Versus the Reality

People generally expect that the at-fault driver that is involved in a car crash will have an appropriate level of motor vehicle third party property damage insurance coverage. However, this is on occasion not in fact the case. If you are involved in a motor vehicle accident and in addition to suffering property damage you also suffer injuries you might be wise to contact motor vehicle accident injury lawyers Perth to receive assistance with your claim for car accident injury compensation through the Insurance Commission of WA.  Experienced lawyers are often vital to ensuring that you receive the treatment that you require for your car accident injuries and will take the necessary steps to gather the evidence needed in support of your claim to help you in obtaining the maximum amount of damages that you are entitled to for your injuries and losses.

There are personal injury lawyers who assist you with your personal injury claim and lawyers who can assist you with your property damage claim against the at-fault driver who does not have any or any adequate level of motor vehicle property damage insurance.  The most important thing that property damage car accident lawyer can assist you with is to understand your options when dealing with, and seeking compensation from a driver who, caused an accident and has no car insurance. So, let’s check out the options available for the victim of a car accident with an uninsured at-fault party.

Usually, people have two options first one is to file a compensation claim with their insurance company. The second one is to file a lawsuit against the at-fault driver claiming damages for losses suffered and expenses incurred.

What to do Just After the Car Crash?

First of all, you need to know what to do just after the car crash. Firstly, you have to –

  • Assess the situation thoroughly.
  • Collect the details from the driver, witness and people available on the site.
  • Make accurate details of the damage and keep your facts straight.
  • Ask the witnesses for their accounts of the accident. Take their names and contact details and if possible ask them to provide written statements which will be invaluable if the at-fault driver denies that the accident occurred as a result of their negligent driving.

All of the above will work as evidence for you to prove that the driver who you believe is at fault should pay you compensation for your losses. The information that you gather in the immediate aftermath of the motor vehicle accident will help you irrespective of whether you make a claim to your comprehensive motor vehicle insurer or whether you pursue damages directly from the at-fault driver by way of an out of court settlement and through a judgment from an appropriate Court with jurisdiction to hear your claim.

How to Obtain Help From Your Insurance Company?

Insurance companies are quick to encourage their insured drivers to take an appropriate level of insurance coverage that provides them with coverage in situations where another driver collides with their car and is either underinsured or uninsured for the accident. If you are in a car collision with an underinsured or uninsured driver you are then eligible to receive payments from your insurance company to pay the expenses and losses that you suffer as a result of the other party’s negligence. It is wise to be sure that you have both uninsured and underinsured motorist coverage to cover you in all circumstances.

In the event that the at-fault driver has limited insurance coverage and is unable to pay for your damage your underinsured motorist coverage will help you in covering what the driver’s limited insurance coverage is unable to cover. There is no need for you to procrastinate when filing an insurance claim after your car crash with an underinsured or uninsured driver even though the situation and process itself can be very frustrating.  In fact, the sooner you make the claim the better so that your insurer can start investigating the accident and take the necessary steps to gather the relevant evidence and protect your position from an evidence-based perspective.

Investigations and Dealings With Insurance Companies

The insurance companies will need to investigate the accident thoroughly. They will ask you to provide proof of your vehicle damage, documentary evidence of your repair costs and hire car charges and if relevant evidence in support of any personal injuries that you might have suffered. It may take some time for the company to finalise the necessary investigation. If you feel like your insurance company is holding up your case, you may wish to seek legal assistance about your options and whether they can assist you with your claim. Your appointed lawyer may be able to assist you to resolve and finalise your claim sooner which means that you can put the unfortunate incident behind you and get on with your life without any further stress or time wasted.

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