Being in a collision is stressful, but it is even more troubling when the at-fault driver has no insurance. However, those injured by an uninsured motorist in Michigan can still take action to recover damages for their losses. A Lansing car accident lawyer can help and be by your side the entire time.
Pursuing Compensation for Car Accident Injuries with Uninsured Driver
If you are injured by an uninsured driver, you can still potentially recover damages by filing a claim with your own insurance provider. Most policies include uninsured and underinsured motorist coverage that applies in these situations. Your insurer would then investigate the accident and compensate you directly according to your policy limits.
The claims process begins by promptly reporting the accident to your insurer and providing all relevant details. Be sure to get identifying information on the uninsured driver and any witnesses at the scene. Provide documentation like medical records and bills to prove your injuries and expenses.
If you have extensive damages, your uninsured motorist coverage may not fully cover them. In this case, consult an uninsured motorist accident lawyer in Lansing, MI about additional options. They may be able to negotiate a settlement or file suit against the at-fault driver personally.
Your Fight Is Our Fight
Suing the Responsible Driver
If the at-fault uninsured driver who caused your accident has assets, your attorney may recommend filing a personal injury lawsuit against them. Serving the driver with a summons and complaint begins the litigation process. This legal action puts pressure on the driver to settle and provide you with compensation.
During the lawsuit, your lawyer will gather police reports, witness statements, medical records, and other evidence to prove liability. They will also consult experts to fully calculate your economic and non-economic damages. Thorough documentation and evidence will strengthen your case and demand higher damages at trial.
If the driver refuses to settle out of court, the case proceeds to a jury trial. Your attorney will present evidence and testimony to show the driver’s negligence caused the accident and prove the extent of your losses. The jury would then award appropriate compensation if they rule in your favor.
We know how to get our clients the results they need in the toughest legal arenas.
The Deadline to Sue in Michigan
Michigan has a statute of limitations that limits the time frame you have to file a lawsuit seeking damages after an accident. For personal injury claims, including car accidents, the deadline is three years from the date of injury. This applies whether the at-fault driver was insured or uninsured.
It is important to take legal action well before the 3-year mark, as cases take significant time to investigate, negotiate, and prepare for trial if necessary. An attorney will guide you on the timeline once you engage their services. They can ensure all evidence is gathered and the lawsuit is filed within the statutory period.
Even if you miss the 3-year deadline, there are some exceptions that may extend your allowance to sue. For example, if the accident injuries did not manifest until later, the time may start when you reasonably discovered them. Disabilities and minor status can also pause the limitations period.
We know how to get our clients the results they need in the toughest legal arenas.
Recoverable Damages in a Car Accident Case with an Uninsured Driver
You can potentially recover both economic and non-economic damages in a car accident claim or lawsuit against an uninsured at-fault driver. Economic damages cover quantifiable monetary losses like medical expenses, lost wages if you miss work, and costs to repair your vehicle. Keep thorough documentation like receipts and pay stubs to prove these losses.
Non-economic damages include compensation for more intangible accident-related harms. These can include pain and suffering, loss of enjoyment of life, permanent disability or disfigurement, and emotional distress. Your attorney can retain experts to assess the value of your non-economic damages based on case evidence.
Punitive damages may also be possible if the uninsured driver’s actions were exceptionally reckless or egregious. Punitive damages involve a higher burden of proof and are not awarded in every case. An uninsured motorist accident attorney in Lansing, MI can pursue them if appropriate.
You will always work directly with your attorney throughout your case.
How to Prove that You Explored Other Sources of Compensation
It Is important to show that you made reasonable efforts to obtain payment from the uninsured driver directly when seeking uninsured motorist benefits. This includes sending a demand letter detailing your injuries and expenses and requesting compensation within their policy limits. If they do not respond, it is beneficial to follow up at least one more time in writing.
Your attorney can also explore whether the uninsured driver has any other auto insurance policies that could provide coverage. They will research carefully and consult insurance databases to identify any potential additional insurers. If another policy is found, your lawyer will file a claim with that provider as well seeking damages.
Thoroughly document your efforts to engage with the at-fault driver and identify insurance coverage in writing. Keep copies of demand letters, mail receipts, and evidence of follow-ups for your records. Presenting this documentation to your insurer proves you took reasonable steps to get compensation directly before submitting an uninsured motorist claim.
Benefits of Working with an Uninsured Motorist Accident Lawyer in Lansing
There are many advantages to hiring an attorney. After an uninsured motorist accident, you deserve to have legal representation on your side. You should consider the following benefits:
- An attorney can investigate the accident and build a strong liability case against the uninsured driver through extensive evidence gathering.
- They will negotiate aggressively with your insurance provider to maximize your uninsured or underinsured motorist policy compensation.
- A car accident attorney in Lansing will handle complex legal procedures like filing motions and lawsuits to protect your rights and facilitate compensation.
- Having an attorney increases the potential value of your injury claim and ensures compliance with legal deadlines.
- You can focus on recovery while your lawyer handles the legal and claims aspects.
With an uninsured motorist accident, trying to handle the case yourself can put your claim at risk. An attorney has the expertise to prove negligence, demonstrate damages, and fight for the maximum compensation you deserve. Their skills can make the difference in the outcome of your case.
Contact a Lansing Uninsured Motorist Accident Attorney Today
If an uninsured driver caused your injuries, you do not deserve to go through this alone. With extensive experience handling uninsured motorist claims, a Lansing uninsured motorist accident lawyer on our team can help you potentially build a strong case on your behalf while you focus on healing. Contact us for a free consultation.
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