Do I need an attorney if the other driver may not have insurance to cover my car damages? 25 Answers as of February 17, 2012

If the other driver has no insurance, he/she might not have money to pay any judgment you might get.

Yes, you will want to speak with an attorney. If the other driver was not insured on the date of the accident, you should make a claim for uninsured motorist coverage ("UM") with your own insurance company. If you have an attorney to represent you, you are more likely to get more money from the insurance company.

If there is no insurance on the other vehicle, check out your own policy and see whether you have collision coverage. This is an optional coverage that will pay for your car damage. If you continue to suffer in pain, you may have a claim. In Massachusetts, if you don't have broken bones or scarring, you would need over $2000 in medical bills. So, if you feel you could benefit from some additional treatment, go seek medical help. At the same time, contact an experienced personal injury attorney for a free consultation.

Most lawyers will not charge a contingent fee (percentage) out of the property damage claim, so it will not cost you to consult with a lawyer. If the other driver's insurance won't pay for the damage to your car, you can always make a claim under the collision coverage on your car's insurance, but you'll be out the deductible.

Wait to see if the other driver's company is going to offer anything, and see if your company is going to offer you anything.

You may not only be suing other driver but may have to go after your carrier for uninsured coverage.

Pain and problems from traffic accidents do not always arise immediately. this might occur several months. Hopefully you have collision coverage on your auto and uninsured motorist coverage. You will probably need an attorney to help you with you with your uninsured motorist case. Insurance companies are not charitable to their clients, even though they have taken your money for premiums.

I don't think the amount of your claim would support hiring an attorney. Keep notes of your conversations and copies of all your expenses. File a case in the Justice Court if they don't treat you properly.

Yes you should, but you should check to see if you have Uninsured Motorist coverage with your insurance company. If so, if it turns out the other person is not insured, you can present your claim for damages to your insurance company. On the damage to your car, many insurance policies have a deductible waiver on the collision coverage if it turns out the other person is uninsured. In that case, your insurance company would pay for the total loss of your vehicle without taking out the amount of your deductible under your collision coverage.

You should talk to a lawyer asap. There may not be much they can do to help, though. It may depend on whether the other driver has assets or another way to pay, since it sounds like they do not have insurance to help them take personal responsibility for their harmful acts. Everyone should purchase underinsured/uninsured motorist (UM/UIM) insurance coverage on their car in an amount sufficient to protect themselves and their loved ones and friends (their passengers) in case they are in a crash and the other car is uninsured or carries only the minimum insurance. UM/UIM insurance "stacks" on top of the other policies and allows you to cover yourself in situations where, like here, the other driver is not taking personal responsibility for their actions.

If you can find a lawyer that will give you a free initial consultation, it would be wise to sit down and discuss your rights under the law of your State. However, until you receive a final answer from the other driver's insurance company, I would hold off on actually hiring counsel. In Indiana, you would have 2 years from the date of the accident to file any lawsuit.

You may want your insurance company to handle your claim until completion if the other driver did not in fact have insurance at time of the accident. However, if she did, you may want to at least consult with a plaintiff's personal injury or accident attorney to assure that you get a complete recovery for your automobile damages,personal injuries and related matters.. assure that you get a complete recovery for your property damage.

At this point, it is advisable to obtain an attorney. However, a qualified attorney would have more questions for you before giving advice. First, did you have full coverage on your car? If so, your insurance will pay for the repairs. Second, with regards to your medical bills for the hospital visit, do you have uninsured or underinsured motorist coverage? If so, there will be some technical requirements to trigger the uninsured motorist coverage such as protecting the rights of your insurance carrier. An attorney is in a better position to evaluate all elements of this claim and advise you on the best route to proceed.

(1) First, you should always contact the police when you are involved in an accident. With your vehicle totaled, this clearly was not a tiny fender-bender. Even minor accidents should be reported immediately to the police. (2) You apparently did not immediately realize the extent of your vehicle damage or personal injury. You may not yet know the extent of any personal injury. You should not say "no damage" (as stated in your question) on a public website. If you turn out to have an ongoing problem, you've made a public statement of "no damage" that the other side might find. (3) You may need to speak with an attorney. If the other driver has no insurance coverage, you may have a claim under your own policy for medical payments (MedPay) or uninsured motorist (UM) coverage.

If the other person does not have insurance, your insurance will cover your losses, under you "uninsured motorist" coverage. You do not need a lawyer for this. Best to you for a pleasant holiday season.