What should I do about being in an accident with an uninsured driver? How? 18 Answers as of July 07, 2015

A couple of days ago I t-boned a driver that blew a stop sign. He initially stopped at the intersection, but then proceeded to pull right in front of me. I tried to stop but I was unable to do so. Apparently, he was under the impression that I also had a stop sign, but this is not true. He was cited for no insurance, no driver's license, and at least 2 tickets involving the accident.I recieved no tickets. What steps should I take to protect myself from financial loss? I contacted the guy who hit me and he stated that he would help me pay for my damages. I was planning on presenting him with a contract to pay and a documented payment plan. Should I wait to see if he bails on his word before contacting a lawyer or should I consult one now?

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Pius Joseph A Professional Law Corp. | Pius Joseph
If you have injuries and full coverage and uninsured Motorist, make a claim with your insurance. Let your insurance chase the uninsured guy since it may be waste of time .
Answer Applies to: California
Replied: 7/7/2015
S. Joseph Schramm | Joseph Schramm
You should probably consult an attorney now. You should also contact your own carrier to report the damage. If the damage is limited to property (no medical bills, wage loss, personal injuries). If the party does not make payments or defaults in making them your attorney can file suit and certify the judgment to the Department of Motor Vehicles (DMV) in Harrisburg. The department will then suspend the person's license until he makes payment in full.
Answer Applies to: Pennsylvania
Replied: 7/1/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
What is your financial loss? If damage to your car, your insurer will pay for same under your collision coverage. If any wage loss, medical expenses, replacement services, your insurer will pay for them under your PIP coverage. If you suffered a serious injury, you can sue the other driver, but if he has no insurance, collection of your damages may be difficult to impossible. Certainly you can draw up some type of agreement for the other driver to sign and pay you, but again, I'm not sure what uninsured loss you have, and if he consulted counsel, they would tell him not to agree to pay anything that you are not actually out-of-pocket.
Answer Applies to: Michigan
Replied: 7/1/2015
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Contact your agent to find out if you have coverage for this. If you don't, then that was the risk you were taking when you elected not to get that coverage. If that's the case, then your proposed contract and payment plan is as good of an idea as any, but given his history it is doubtful he will perform. One more idea: if he tries to get his tickets reduced, the DA may insist that he pay your damages as part of any deal.
Answer Applies to: New York
Replied: 7/1/2015
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
Check with your own insurance company to see if you have collision insurance on your car.....if you do, your insurance company will pay to get your car fixed, less your deductible. Don't enter into any agreement with the other driver until you have run it by your own insurance company.
Answer Applies to: Florida
Replied: 7/1/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Consulting a lawyer soon is certainly a good idea. But you should first contact your own insurer and make a claim on your Uninsured/Underinsured coverage.
    Answer Applies to: Wisconsin
    Replied: 7/1/2015
    Law Offices of George H. Shers | George H. Shers
    Contact your own insurance company and tell them you have no liability but they should be aware he might file a claim. ?Draw up a clearly worded contract stating what your damages are, the details of the payment plan, what happens if he misses a payment, that he is entirely at fault, you get reasonable attorney fees and expenses and costs if you have to sue him, etc. ?If he does not pay, you then sue on the contract and do not have to worry about showing who was at fault. ?you might also have insurance coverage for uninsured driver's damage to you so that you can collect from your own insurance company and let them worry about going after him for reimbursement.
    Answer Applies to: California
    Replied: 7/1/2015
    Law Offices of Carl L. Brown | Carl L. Brown
    You should first consult an experienced personal injury attorney.
    Answer Applies to: California
    Replied: 7/1/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    File with your insurance company and have them go after uninsured driver.
    Answer Applies to: Utah
    Replied: 7/1/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You should contact a lawyer now. The statute of limitations is two years. The lawyer will be able to properly build and evaluate your claim and pursue it through all appropriate parties including including your uninsured motorist carrier if need be
    Answer Applies to: Connecticut
    Replied: 7/1/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Make a collision claim under your own policy and let your insurance company worry about getting their money back. After all, that's what you got insurance for. Good luck.
    Answer Applies to: Alabama
    Replied: 6/30/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Get a lawyer, and report the accident to your insurance company.
    Answer Applies to: Michigan
    Replied: 6/30/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    First, check your policy to see if you have uninsured motorist coverage (highly recommended). If not, by all means try to get a contract. If you were not hurt, try to do it by yourself.
    Answer Applies to: California
    Replied: 6/30/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    An uninsured driver is financially irresponsible so it is unlikely he will pay anything. You should contact the city or county attorney assigned to prosecute the case and ask that restitution of your damages be part of his sentence. Once again, little if anything is usually paid, even to the court. Call your car insurance agent and get the maximum uninsured/underinsured motorist coverage for the next clown that runs into you. This loss is probably not recoverable unless you had full coverage and UM/UIM coverage for your medical expenses. At least 20% of Montana drivers are uninsured. It is cheaper to pay a small fine than keep insurance coverage in the minds of many of your fellow citizens.
    Answer Applies to: Montana
    Replied: 6/30/2015
    Boesen Law, LLC
    Boesen Law, LLC | Jon C. Boesen
    Consult with and then retain as soon as possible an experienced personal injury lawyer. Your lawyer will then contact your insurance carrier if you have not already done so and put them on notice that the driver that caused the accident you were in was uninsured. If you have injuries as a result of this accident, you need to see a doctor as soon as possible to document your injuries and get treatment that will get you as soon as possible on the road to recovery. You should feel lucky that you had the foresight to obtain Under Insured Motorist (UIM) coverage. Too many drivers in Colorado opt out of or waive UIM coverage only to learn later when they are involved in an accident with an uninsured driver that it was a very unwise decision to do so. Again, contact an experienced personal injury lawyer to consult with and if you have injuries, to represent you in your UIM claim.
    Answer Applies to: Colorado
    Replied: 6/30/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    First notify your insurance company. Then contact a lawyer.
    Answer Applies to: New York
    Replied: 6/30/2015
    John Russo | John Russo
    Consult one now. Hopefully you have full coverage so you can use your uninsured motorist portion.
    Answer Applies to: Rhode Island
    Replied: 6/30/2015
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