If you have been rear ended by a car that is uninsured, your lawsuit for damages can be quite more complex than normal. While state laws may differ about the proper process for handling such a case, there are several generalities about which drivers should be aware prior to filing suit.
General Insurance Rules
In general, insurance coverage carries with the automobile and not the driver. While an insurance company considers the primary driver of a vehicle when setting coverage rates, the coverage does not move with the driver. Instead, auto insurance coverage travels with the vehicle. Therefore, the driver of an insured vehicle that is not his vehicle will be covered by the insurance purchased for the vehicle. Therefore, it is irrelevant that the driver does not have insurance if the vehicle is insured.
How This Impacts a Lawsuit
This rule means that the only thing important about an auto accident is that the cars be insured, not the drivers. Therefore, if you are involved in an auto accident in which the car is insured, you can sue that insurance company for compensation.
However, in the situation in which the automobile does not have insurance coverage but the driver does, an injured party is not necessarily without available compensation. While proceeding against an insured driver is more difficult, you may obtain some compensation from the insurance company if the driver acted recklessly or negligently. This is because these behaviors are the result of the driver’s actions and not the automobile.
The Parties in a Lawsuit
If you are involved in a lawsuit in which the driver is insured but the automobile is not, you need to name all of the parties that could possibly be responsible in your initial complaint. These parties include the insured driver, uninsured owner of the vehicle, and the insured driver’s insurance company. It is important to list all these parties because if they are not named as potentially liable for your damages you cannot recover from them. Do not worry about making a mistake because if you name a party that does not have an interest in the lawsuit, the court will remove them from the complaint.
Potential Recovery
It is possible to recover from all three parties named in your lawsuit. Depending on the type of accident and which party is mainly to blame for the accident, the court may find all parties jointly liable for your compensation. It is up to the parties how they divide responsibility for the funding you have been awarded.
Getting Legal Help
Being involved in an auto accident in which the driver is insured but the automobile is not requires savvy in showing the court which parties are responsible to ensure you receive the compensation you need. If you are currently involved in a lawsuit such as this, seek legal advice and representation.
