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What happens if the responsible driver cannot pay?

On Behalf of | Feb 7, 2021 | Motor Vehicle Accidents |

Ideally, after a serious car accident, the driver responsible for the accident, or that driver’s insurance company, would pay compensation for the damages the driver caused.

This compensation would include full reimbursement of medical bills and other expenses related to the motor vehicle accident as well as coverage for lost wages.

Moreover, a victim is entitled to receive compensation for his non-economic losses, like his emotional distress or his pain, suffering and inconvenience that came along with his physical injury.

Negligent drivers may not have adequate insurance or other means to pay

Unfortunately, many times, negligent drivers have no automobile insurance despite the laws requiring it. In other cases, they may be carrying the bare minimum insurance allowed by the law but have nowhere near the coverage they need to pay for a major injury.

Oftentimes, these drivers have no other means to pay compensation.

In these cases, provided that she has the coverage, the victim may submit a claim for uninsured or underinsured motorist benefits. The victims will file these claims with her own insurance company.

The laws governing these benefits can be difficult for someone not familiar with the world of insurance to fully understand, but the idea behind these benefits is that the victim’s insurance company will step in to make up some of the difference between her damages and what the responsible driver was able to pay.

There may be more than one party responsible for an accident

Victims who are having a hard time collecting compensation should also realize that, frequently, more than one party has legal liability for an accident. A thorough and professional investigation into the causes and circumstances of an accident may open up additional avenues for a victim to receive compensation.