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Filing a Lawsuit After a Car Accident with an Uninsured Driver

A car accident in Philadelphia happens every few seconds. There is also one in seven drivers who do not carry adequate insurance or no insurance. When you combine these two factors, accident victims pay for accident expenses out of pocket. It is harrowing to be the victim of a car accident and face the possibility of having no one to cover your costs. You did not cause the accident and do not need to pay for the damages caused by the collision. Unfortunately, accident victims have different options when the at-fault driver is uninsured. You will need to use these alternative options to recover financially from a motor vehicle accident. However, your legal options are not obvious, and you need to discuss them with a Philadelphia uninsured motorist accident attorney.

Full Tort vs. Limited Tort Insurance

When you first buy a policy, there are two insurance options: full-tort and limited tort. Many drivers are unaware of the differences and do not appropriately choose the right one. You pay a higher premium with full tort but have more benefits in an accident. You can sue another driver for pain and suffering and other damages. With a limited tort policy, your monthly premium is less, but you cannot sue a negligent driver for pain and suffering. You will be left to deal with your injury and pain for years to come with no relief from the other driver's insurance company. Additionally, tort covers everyone in your vehicle and the parties that live with you. There are three rare cases where a person who has limited tort can file a full tort claim, including:

  • Drunk Driving accidents
  • Passengers in a commercial vehicle like a taxi or a bus
  • The at-fault driver is from another state

Since there are many intricacies with full tort and limited tort insurance policies, you need a Philadelphia car accident attorney to determine the right path for you to take. You think you have no options, but your insurance policy says otherwise.

UM Coverage

There are two options for accidents involving an uninsured Philadelphia motorist. The first is to file an uninsured motorist claim with your insurance company. It is often the easiest way to recover damages. You will recover damages within your policy limits. The second legal option is to file a lawsuit which we will discuss in-depth in the next section.

A car accident lawsuit

It can become complex fast when you file a lawsuit after a car accident. There is no definitive indicator of how long the case will take and the outcome. If you choose not to file a lawsuit and work with your attorney against the insurance company, you will likely resolve it within a year. A personal injury lawsuit will take more time, but it will also garner better compensation than no claim.

Damages from a personal injury lawsuit

You can garner several forms of compensation through a car accident lawsuit, from economic to non-economic damages. Damage awards include:

  • Loss of enjoyment of life
  • Medical bills
  • Future medical bills
  • Past and future lost wages
  • Property damage to your vehicle
  • Wrongful death benefits
  • Permanent impairment compensation
  • Pain and suffering
  • Mental anguish

Filing a lawsuit after a car accident is not the best option for every case, and there are other options available to you. You must work with a Philadelphia car accident attorney to seek compensation for your claim. An experienced attorney will guide you on the best legal strategy for your claim and determine if an uninsured motorist lawsuit is the best way to go.

Hiring a Philadelphia Uninsured Motorist Accident Attorney

There are several items to prove in a personal injury lawsuit. They are as follows:

  • There is an injury
  • The other party was the cause of the injury
  • The direct negligent actions of the other party led to the injury

The success of your injury claim relies on proving the three elements listed. While they are the essential elements of your case, there are many other intricacies to consider. A Philadelphia uninsured motorist accident attorney will ensure you prove every element of your case and get the justice you deserve. Use Kwartler Manus, LLC's online form or call us at (267) 214-8608 for a consultation today.

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