Handling an Accident with an Illegal Uninsured Motorist

An uninsured motorist accident involving an illegal driver pretty much assures that receiving compensation will be very difficult. Fortunately, there are actions which, if performed, will make it more likely that an injured party will receive some reimbursement, even if not the total sum needed. Below is an explanation of how to handle an automobile accident with an illegal, uninsured motorist.

Identify the Type of Illegality

There are different types of illegal drivers: minors, illegal immigrants and felons. While the last category is rarer, there are certain felons that are prohibited from driving altogether or that are prohibited from driving during certain hours of the day or in specific areas. If you are in an automobile accident and think that the driver is illegal, ask for identification.

In any accident involving an illegal driver, you should contact the police. The police may or may not choose to arrest the individual, but the main reason why the police must be contacted is to create a record that the accident involved an illegal driver. Most likely the driver will attempt to persuade you not to contact the police, but as he or she will be unable to provide you with any personal identification or insurance, you have no choice. Without a police report, you will be unable to sue the individual personally or request compensation from your insurance company.

If the driver is a minor, the police will then contact the minor’s parents or guardians; if the minor is an illegal immigrant, he may be taken into police custody; a felon might also be taken into custody or his or her parole officer contacted.

Take Notes Yourself

Because illegal drivers will be investigated more thoroughly and not just for their involvement in the auto accident, it is important for you to write down notes at the scene of the accident. These notes should contain everything you see or hear. The reason for this is that you might not later have access to the police officer reports that are not directly related to the accident.

Decide How to Proceed

In an accident involving an illegal, uninsured driver, you have the choice of proceeding against the driver personally or requesting payment under the uninsured driver coverage clause in your insurance contract. If your insurance company is told that the other driver was an illegal driver with no insurance, they might decide to pay you in full for your costs and then proceed against the driver themselves for reimbursement. In this case, you would not need to file a court case against the other driver.

Hire Legal Assistance

Because there is the risk of not being able to recover for the damage caused by an illegal, uninsured driver, you should seek legal assistance prior to making a claim to your insurance company or suing the other driver. An attorney will guide you through the court and claims process and assist you in obtaining compensation.