One of the first things you do after a car accident is exchange auto insurance information with the other driver. Of course, even if you do this, you still need to call the police. They’ll send an officer out to investigate the accident scene. Part of their investigation will be confirming that both drivers have valid auto insurance information, which is something your car wreck attorney in Annapolis will also need to know if they take your case.
If the police find out one of the drivers is driving without auto insurance, they’re going to write a ticket. They’ll probably also tow and impound their vehicle. While this is a good thing, it doesn’t help you. How are you supposed to cover the repairs to your vehicle if the other driver doesn’t have auto insurance? How are you going to pay the medical bills?
The best thing to do in this situation is to call a car wreck attorney in Annapolis. Our team of Maryland personal injury lawyers have handled their share of uninsured motorist cases. They know the law and they also know what to do to hold the other driver accountable. As soon as you learn the other driver doesn’t have auto insurance, call our office and we’ll have you come right in for your free, initial consultation.
You May Be Able to Recover Partial Damages from Your Uninsured Motorist Policy
When you originally signed up for auto insurance, you likely paid to have uninsured motorist insurance. This is a micro-policy under your general auto policy. It typically offers a small amount of auto insurance coverage in situations where you’re hit by someone without auto insurance.
The problem is that this coverage rarely pays more than about $10,000. Most car accident cases involve damages much more than $10,000. You’d be lucky if this covers the repairs to your car or SUV.
In most cases, your Maryland personal injury lawyer will help you file your claim with the insurance company. Then, they’ll help you pursue the defendant personally for the remainder of your damages.
Your Car Wreck Attorney in Annapolis Will Have to File Suit
Because uninsured motorists’ coverage is so low, you’ll more than likely have to file a personal injury lawsuit against the other driver. If they’re a commercial driver, you’ll need to sue their employer as well.
This personal injury lawsuit will work the same way any other lawsuit works. You’ll file a complaint against the other driver and any other possible defendants. They’ll have thirty days to respond. Most of the time, we find that drivers without auto insurance tend to ignore legal papers. This means your car wreck attorney in Annapolis will be able to apply to the court for a default judgment.
If the defendant ignores your motion for judgment as well, the judge will simply grant it. Once you have a judgment, you’re able to pursue the defendant through post-judgment execution measures.
Make Sure You File Suit Before the Statute of Limitations Period Expires
When it comes to filing your personal injury lawsuit, it’s important that you do so quickly. In Maryland, you only have three years to file suit. This is because Maryland’s statute of limitations only allows for three years. If you miss this deadline, you won’t be able to sue them at all. Your case will be dismissed, and you’ll be barred from taking further legal action.
The good news is that your Maryland personal injury lawyer will make sure this doesn’t happen. However, just because you have three years, that doesn’t mean you can wait that long to take action. You need to give your Maryland personal injury lawyer plenty of time to prepare your case. Plus, the longer you take to file suit, the longer the defendant has to change their story.
What Happens if the Other Driver Has No Auto Insurance and No Assets?
One of the hardest things to accept is the fact that your judgment may never be paid. The kind of person who doesn’t carry auto insurance is not the kind of person who has a ton of assets. If they couldn’t afford their auto insurance premiums, there is a good chance they don’t own any property or have a ton of cash in the bank.
This doesn’t mean you’ll never get paid. Your judgment against the other driver will be good for years. All you have to do is find a time when they do have assets. Their whole life could change in a matter of a few years. Your car wreck attorney in Annapolis will periodically check to see if they’ve bought any property. They can also look to see if they’re trying to sell any property. If this is the case, you can make sure your lien is paid off before they’re able to do this.
The good news is that, in Maryland, you’re allowed a wage garnishment. This means that, after your judgment is perfected, your attorney can file a motion to attach the defendant’s wages. If approved, you’ll be entitled to 25% of their take-home wages until the lien is paid in full. Typically, once the defendant sees that you’ve attached their wages, they’ll start looking for another job. All that means is that you’re lawyer will try harder to find them again.
Our Team of Maryland Personal Injury Lawyers Can Help You Pursue the Other Driver for Damages
One thing you can count on is that your car wreck attorney in Annapolis is going to be honest and upfront with you. If the driver who caused your crash didn’t have auto insurance, your options are limited. Your uninsured motorist coverage is probably rather low. You’ll be lucky if it covers $10,000. And, while you can certainly sue the other driver, you may be disappointed. Just know that your car wreck attorney in Annapolis is going to do their best to get you as much money as possible. The defendant should be made to pay for the damage they caused.
All you need to do is call our office and ask to schedule your free, initial consultation. One of our front desk staff will find a date and time that works for you. If need be, you can even talk to one of our Maryland personal injury lawyers via Skype or Zoom. Since this first meeting is free, you don’t have to worry about it costing you an arm and a leg. Suing somebody in civil court isn’t as easy as you may think. It truly is in your best interest to have an attorney by your side.