Is it Worth Suing an Uninsured Driver?

It may be worth suing an uninsured driver after a car accident that they caused. If a motorist chooses not to buy auto insurance coverage in the first place, they may not have the money to help you cover your accident-related losses. On the other hand, a car accident lawyer can look for alternatives that allow you to secure damages.

Initially, car accident lawyers in Phoenix review your insurance policy. If you have uninsured motorist coverage, they can work with your insurer to make sure you receive fair compensation. Your attorney may also consider other types of insurance claims.

Is It Worth Suing an Uninsured Driver in Arizona?

Suing an uninsured driver can be beneficial if this motorist can cover your losses. Unfortunately, this is not always the case. Even if you file a lawsuit and a judge or jury rules in your favor, it can be difficult to recover damages for all of your losses. 

If you are unsure about whether it is worthwhile to sue an uninsured motorist, get legal help. A personal injury lawyer in Phoenix gives your auto accident case the attention it deserves. They can help you determine if a lawsuit is warranted and, if so, what damages to request. 

In your lawsuit, you can ask for damages to cover your medical bills, car repairs, pain and suffering, and other quantifiable and subjective losses. Your lawyer will encourage you to pursue economic and non-economic damages. They can prepare an argument that shows you deserve 100% of the compensation you are seeking. 

For a free legal consultation, call 866-499-8989

Is It Worth Suing an Uninsured Driver If I Am Partly Responsible for My Car Accident?

You may have to cover some or most of your accident-related losses, regardless of whether you sue an uninsured motorist. A car accident attorney can help you weigh the pros and cons of filing a lawsuit against the other driver. If you move forward with your lawsuit, you may get only a portion of what you request due to Arizona’s pure comparative negligence statute.

In Arizona, if both drivers are partially at fault in a car accident, each can be held responsible. With pure comparative negligence, a judge or jury can reduce the damages you get in an auto accident lawsuit by your percentage of fault. To understand how this applies to your case, consider an example. 

A judge or jury finds you to be 20% liable for your car accident involving an uninsured driver. At this point, the other motorist will have to pay 80% of your damages. Meanwhile, you are responsible for the remainder. 

What Alternatives Are Available to Suing an Uninsured Motorist?

An uninsured motorist claim is a viable option. You can buy coverage for an accident in which the other driver does not have insurance at the time you purchase your policy. This coverage pays for damages you incur as a result of an uninsured driver’s actions. 

Your car accident lawyer can explain uninsured motorist coverage in Arizona in detail. If you have this coverage, your attorney can file your claim and handle negotiations with your insurer. Ideally, your insurance carrier will cover your accident-related losses in full. 

Outside of uninsured motorist protection, you could be covered under long-term disability insurance if you suffer injuries that leave you permanently disabled. If you were working at the time of your auto accident, you could be protected by your employer’s workers’ compensation insurance. Along with these options, you can hold a third party liable for your losses. 

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Who Can I Sue Other Than The Uninsured Driver After My Car Accident?

A car manufacturer, mechanic, government entity, or another party could be liable for your auto accident. Or multiple parties can be at fault. With help from an auto accident attorney, you can identify who is liable for your crash and sue these parties for damages. 

To secure compensation, you will need a body of evidence. You can use accident scene photos and videos, witness statements, and other proof in your case. If you have an abundance of evidence, a liable third party may offer a fair settlement. 

If you receive a settlement offer, consider it carefully. Your lawyer can examine the proposal and advise you on what to do with it. If an offer is less than what you want in damages, you can decline it and bring your case to trial. 

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How Much Time Do I Have to File a Car Accident Lawsuit Against an Uninsured Motorist or Any Third Parties?

Based on Arizona Revised Statutes (A.R.S.) § 12-542, the statute of limitations is two years. This gives you up to two years from the date of your accident to ask for damages from any at-fault parties. Beyond two years, you are solely responsible for your accident-related losses.

If you want to request damages, partner with a personal injury lawyer. They understand the window for submitting a lawsuit is limited. Your attorney can file your claim and build a case that helps you show a judge or jury that you deserve maximum compensation. 

You could recover damages without having to go to trial. For example, the defendant in your lawsuit proposes a settlement. If you approve this offer, you can receive compensation and close your case before your trial date. 

Focus on Your Recovery While Car Accident Lawyers Prioritize Your Litigation

It is rarely simple to decide whether to sue an uninsured driver. As you evaluate your options, consult with a lawyer who has plenty of car accident case experience. Your attorney can explain your options and help you figure out what to do from here. 

The lawyers at Zanes Law have secured over $500 million in damages in personal injury cases. We are legal advocates committed to helping you get compensation from an uninsured driver or anyone else responsible for your auto accident. Schedule a consultation with our attorneys. 

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