While every driver in Delaware is required to have minimum mandatory liability coverage, the reality is that many people do not. The Insurance Information Institute (III) estimates that one in seven drivers nationwide are uninsured or underinsured. This raises an important question: Are there any options to get compensation after a crash with an uninsured motorist? The answer is “yes”—but these cases can be complicated. Here, our Wilmington auto accident lawyer highlights your legal options if you were involved in a collision with an uninsured motorist in Delaware.
Option #1: Sue the At-Fault Driver (Difficult)
If you or your loved one suffered a serious injury in a crash with an uninsured motorist in Delaware, you have the right to bring a personal injury lawsuit against them. Indeed, that uninsured driver can be held personally liable for your crash. However, in practice, this is often not a viable option. The primary problem lies in the financial solvency (or lack thereof) of the at-fault driver; typically, those without insurance lack the assets necessary to cover the damage that they caused out-of-pocket. Still, there are some limited cases where this may be a viable option.
Option #2: Bring a Claim Against Your Insurer (Best Approach)
For Delaware motorists with uninsured (UM) or underinsured motorist (UIM) coverage, the most effective recourse after an accident with an uninsured driver is to file a claim with their own insurer. Along the same lines, if you have any form of no-fault Personal Injury Protection (PIP) coverage, you can bring a claim against your own insurer. Indeed, after an uninsured motorist crash in Delaware, you should carefully review your policy to determine all options for recovering compensation through your own insurance carrier. An experienced attorney can help.
Option #3: Hold a Third Party Accountable (May Be Available)
Finally, in some situations, it may be possible to identify liable third parties other than the uninsured motorist. For example, if poor road conditions or faulty traffic signals contributed to the accident, a government entity might be responsible. Similarly, if the vehicle malfunctions due to improper maintenance or defective parts, the manufacturer or service provider could be held liable. If you suspect that any third party may bear even partial culpability for your crash, a comprehensive investigation is a must. A top-tier Wilmington uninsured motorist claims lawyer can review your crash, gather evidence, and help you take the appropriate legal action.
Contact Our Wilmington, DE Uninsured Motorist Accident Attorney Today
At Freibott Law Firm, our Wilmington auto accident lawyers have the skills and experience to take on all types of cases, including uninsured driver claims. Our team knows that these cases can be challenging, and we are ready to fight for your rights. Hit by an uninsured motorist? We are ready to help. Contact us right away for a free review of your case. With an office in Wilmington, we handle uninsured motorist claims throughout the surrounding region of Delaware.