Car accidents are no pleasant experience regardless of who is at fault. When a car accident occurs, one of the most contested issues is that of liability. While it might not be clear who was at fault at the scene of the accident, eventually investigations will be done, and the liable party will be held responsible for the injuries. What would happen if the person responsible for your injuries is an uninsured driver? We’ll find out below.
Injured by a driver with no insurance? Here’s what you need to do:
First things first, don’t panic. Accidents are stressful so it’s important that you try and stay calm. It will make the whole process a lot easier. If someone else was responsible for the accident, then they should be held liable to fix any damage to your car. If the driver doesn’t have any insurance, the good news is that you will still be able to recover damages for losses incurred.
To claim damages from the uninsured party, you’ll need to record the events of the accident, collect witness accounts and medical records. As the insured, you have what is called a ‘duty of disclosure’ which states that you must let your insurer know of an accident when it occurs. It doesn’t matter if you’re not ready to make a claim, always let your insurer know about the incident.
How much can you claim?
Even though the law requires all motorists in Nova Scotia to have car insurance for their registered vehicles in operation, there are many drivers who choose to disregard this requirement. The only way to protect yourself from injuries or losses is to ensure you purchase adequate coverage. The amount you can claim will depend on the type of coverage you have and the extent of your injuries. If you purchase comprehensive car insurance, you are likely to be covered for any accidental losses and damages incurred.
Underinsured or uninsured coverage?
You can decide how much uninsured motorist coverage you’d like to take up when signing up for a car insurance policy. You can take as much as possible so long as it doesn’t exceed your total liability coverage per accident. You may also consider taking optional coverage to protect yourself from damage or losses if in an accident with an underinsured driver. Just like uninsured coverage, you can purchase as much as possible to cover for damages sustained in an accident with a driver who has a policy in place but it’s not enough to cater to your injuries, vehicle damage or other losses.
An experienced lawyer can help you be successful in proving that the other driver was at fault if an accident occurs. However, filing a lawsuit against the uninsured driver may not be a suitable approach since most people who don’t have insurance have no money or assets to settle the case. Your best option would be to approach your insurance company and find out how the uninsured coverage applies.