A car accident itself is a stressful experience, but once the dust settles, it’s time to deal with each party’s insurance company. However, if you are in an accident with a motorist that does not have car insurance, it can be complicated to figure out what has to be done. Our Phoenix car accident attorneys explain what you should do if you were in a car accident with an uninsured driver.
Steps to Follow After the Accident
While the state of Arizona requires all drivers to have insurance, it’s common that the driver at fault in a car accident is either uninsured or underinsured — meaning that their insurance does not cover the damage.
Immediately after the accident, you should make sure that everyone is safe and that you and any other parties involved have been seen by law enforcement and emergency medical response if necessary. Additionally, while still at the scene of the accident, you should:
- Exchange contact information with the other driver
- File a police report and gain a copy of it so you can use this for your insurance claim.
- Take detailed photos of each car.
Filing an Uninsured Driver Claim
After you’ve left the scene of the accident, you have 30 days to file a claim with your insurance company to report the accident and let them know the party at fault was uninsured. You should speak to your insurance company as soon as possible about filing a claim.
Filing a Lawsuit Against an Uninsured Driver
You can file a lawsuit against an uninsured driver within two years after an accident as a result of:
- Monetary loss
- Pain and suffering
- Property damages
In such a case, an Arizona court would determine how much of the accident is each driver’s fault. Then, if the plaintiff is found responsible for any percentage of the accident, the damages they’ve requested will be lowered by that amount.
Experienced Phoenix Car Accident Attorneys
Having an experienced personal injury lawyer can make a significant difference in the success of your lawsuit against an uninsured driver. If you are considering filing a lawsuit, contact our team at Suzuki Law Offices, L.L.C. for assistance. Our team has the skills, experience, and resources necessary to help you get the compensation you deserve.
Contact our Phoenix car accident attorneys today at (602) 842-6762 to schedule a virtual consultation!