Navigating the aftermath of a car accident can be challenging, especially if the other driver is uninsured. Connecticut law requires all drivers to maintain minimum liability insurance coverage, including:
- Bodily injury liability: $25,000 per person and $50,000 per accident
- Property damage liability: $25,000 per accident
- Uninsured/underinsured motorist coverage: $25,000 per person and $50,000 per accident
Despite these legal requirements, not all drivers comply. So, what happens if you’re in an accident with an uninsured driver? Is it worth pursuing legal action? Let’s explore the factors that might influence your decision.
Uninsured Drivers Without Assets
If the driver who hit you lacks both insurance and significant assets, pursuing a lawsuit might not be the best option. While you could theoretically take them to court, the process can be costly, time-consuming, and emotionally draining. Even if you win a judgment, collecting the compensation you’re owed could be an uphill battle.
In many cases, uninsured drivers without assets may struggle to pay a court-ordered settlement. You might find yourself setting up a long-term payment plan or, worse, dealing with the driver filing for bankruptcy, which could further complicate your ability to recover damages.
Uninsured Motorists With Financial Resources
On the other hand, some uninsured drivers do have financial resources, such as savings, property, or other assets. In these cases, pursuing a lawsuit may be more viable. Just because a driver doesn’t have insurance doesn’t mean they can’t compensate you for your injuries and repair costs.
However, filing a lawsuit still requires you to gather substantial evidence, such as:
- Police reports, photos, and witness statements to prove the other driver’s negligence
- Medical records and pay stubs to document your expenses
The legal process can be complex, and understanding court procedures can be challenging. That’s why it’s often beneficial to consult with an experienced personal injury attorney who can guide you through the process, from gathering evidence to conducting a financial analysis of the at-fault driver’s assets. In some cases, a lien may be placed on the driver’s property to ensure you receive your compensation.
Additional Options to Consider
If suing the uninsured driver isn’t a feasible option, there are other avenues you can explore:
- Uninsured Motorist Coverage: If you have uninsured motorist coverage as part of your auto insurance policy, it can provide compensation for your expenses in the event of an accident with an uninsured driver.
- Third-Party Liability: Sometimes, a third party may be responsible for the accident. For example, the at-fault driver could have been operating a company vehicle, making the employer liable. Alternatively, if the accident was caused by another driver’s actions or a defect in the road, you might have grounds to include those parties in your lawsuit.
Why Legal Guidance Matters
Deciding whether to sue an uninsured driver in Connecticut involves weighing several factors. It’s not always straightforward, and there may be alternative options to secure the compensation you deserve. Consulting with a personal injury attorney can help you explore these options and ensure your case is handled effectively.
Remember, Connecticut has a two-year statute of limitations for filing personal injury claims, so it’s important to act promptly. If you’ve been involved in an accident with an uninsured driver, contact Vining Law for a free case evaluation. We’re here to help you navigate the legal process and pursue the best possible outcome for your situation.
Disclaimer: This blog is for informational purposes only and should not be construed as legal advice. Consult with a qualified attorney for legal guidance specific to your situation.
