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4 Steps You Need to Take to Protect Your Legal Rights If the Other Driver Was Uninsured

Jeff Cole
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Partner at Zimmer, Duncan & Cole

If you were injured in a car accident caused by another driver, you rightfully want to hold him responsible for your medical bills, lost wages, and pain and suffering. Although motorists in South Dakota are required to carry liability and property damage insurance, some drivers drive without insurance. If the person who hit you did not have insurance, your ability to obtain compensation could be more complicated.

Steps You Need to Take in a Crash With an Uninsured Motorist

Even if the other driver had no insurance, you still may have options to collect the compensation you could be entitled to. You need to take the following steps to protect your rights:

  • Contact the police. Even if the other driver had no insurance, you should contact the police. You will need a copy of the police report for your insurance company and to document how the accident occurred and the severity of your injuries.
  • Get the other driver’s and witnesses’ contact information. Like with any accident, you need to obtain the contact information for the other driver and any witnesses to the accident. Your insurance company may need this, and you will also if you decide to pursue a claim against the other driver.
  • Contact your insurance company. As part of your own insurance policy, you may have purchased uninsured motorist coverage to pay your claim if the other driver had no insurance. Contact your insurance company to notify them of the accident and to make a claim for compensation.
  • File a lawsuit against the other driver. You could still file a suit against the other driver even if he does not have insurance. However, there are practical considerations you need to discuss with your attorney. Most people who don’t have automobile insurance cannot afford the premiums. This could mean that the other driver would not have any assets to pay whatever compensation he owes you. You have to weigh this when deciding whether to pursue a lawsuit against him.

Whether or not the other driver had insurance, you still need an experienced car accident attorney to help you negotiate with your insurance company for the compensation you are entitled to under your uninsured motorist coverage and to decide whether to sue the negligent driver. Call us today at 888-733-2992 to schedule a free no-obligation consultation to learn how we can assist you.


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