Were you recently involved in a car wreck, and you found out the driver who caused the crash has no insurance? You are probably scouring the internet for answers to questions like, “What happens if the person at fault in an accident has no insurance in Hawaii? At Cronin, Fried, Sekiya, Kekina & Fairbanks, we put together this guide on what to do if an uninsured driver hits you.
What Happens if You Get in an Accident and the Other Person Has No Insurance?
Most steps you take after an accident are the same whether the other driver was insured or not. However, there are also several steps and considerations to consider when the at-fault driver is uninsured or underinsured. Here are four initial steps to follow.
Call 911 and Request a Police Response
It may seem obvious, but the first thing you should do after an accident is call 911, especially if injuries are involved. By calling 911, EMS and police will respond to the scene.
While you may not immediately know the other driver is uninsured, sometimes you will learn this information at the scene. For instance, if no severe or debilitating injuries are involved, you may be able to converse with the other driver.
If they are hesitant to provide their insurance information or seem particularly nervous, this may indicate they are uninsured. You will want to request a police response to ensure that you obtain a police report. This information will be helpful later.
Specifically, a police officer will:
- Get the other driver’s information, including their license and insurance information or lack thereof;
- Obtain each party’s version of events; and
- Speak with eyewitnesses.
This information will be memorialized in the police report for your records and your insurance company for filing claims later.
Seek Medical Attention
Whether your injuries require an immediate trip to the emergency room or you walk away from the crash relatively unscathed, you should always seek medical attention.
More often than not, the shock and adrenaline of the accident will mask any pain and injuries you might have. It is essential to be thoroughly examined for injuries. It is equally as important to have documentation of any injuries and treatment.
Medical treatment can range widely from:
- Primary care services,
- Orthopedic treatment and surgery,
- Radiology services,
- Chiropractic care,
- Physical and occupational therapy,
- Rehabilitation, and
- Pharmaceutical services.
Keep copies of all invoices and medical records to submit to the appropriate insurance carrier later. A helpful tip is to keep all documents well-organized in a safe place where they will not get lost or inadvertently destroyed.
Gather Evidence
Any information or evidence you can gather at the accident scene can play an instrumental role later. Taking pictures or videos with your cell phone will capture real-time evidence of the other driver’s identity and story, witness statements, accident scene, vehicle damages, injuries, vehicle locations, weather and road conditions, and more.
Be mindful of any traffic or local video surveillance that may have witnessed the accident. Be prompt so your attorney can help you retain these videos before they are erased or destroyed later.
Contact Your Insurance Company
After any accident, but especially if you suspect an uninsured driver in the accident is at fault, you want to notify your insurance company immediately.
Hawaii is a no-fault insurance state, meaning your no-fault or PIP (personal injury protection) insurance will pay for your medical expenses up to your coverage limit regardless of who is at fault for the accident.
Notify your insurance carrier to advise them of essential information such as where the accident occurred, vehicle damage, injuries, and information regarding the other driver.
This information will help your insurance company thoroughly investigate the at-fault party, especially if uninsured, and provide an accurate account of what happened. Your attorney can assist you if you are unsure what to say and how to say it.
Options in an Accident with an Uninsured Driver
Driving without insurance in Hawaii is illegal, yet it still happens daily. So, what additional steps should you take if you suspect the person at fault is uninsured? If the other driver is uninsured, you still have options.
File a Claim with Your Uninsured/Underinsured Motorist Coverage
If you have uninsured or underinsured motor insurance (UM/UIM insurance), you can initiate a claim with your auto insurance company. UM and UIM coverages are mandatory options that must be offered with all automobile insurance policies in Hawaii. You may also be entitled to UM or UIM benefits from policies with other family members in your household.
File an Assigned Claim with the State
If an uninsured driver injures you in Hawaii, you may qualify to file a claim with the Assigned Claim Program. To qualify, you must meet specific criteria:
- The other driver was uninsured,
- You were not engaged in criminal conduct,
- You were not the owner of an uninsured vehicle or knew the vehicle was uninsured,
- You do not have uninsured motorist coverage, and
- None of the family members in your household have UM coverage.
If you qualify, the state will assign your claim to an insurance company providing a minimum of $20,000 in bodily injury coverage. You may also be entitled to PIP medical benefits and property damage coverage for damage to your vehicle.
Pursuing a Lawsuit
As in any motor vehicle collision, you can sue the uninsured driver. However, even though the other driver was uninsured, as the plaintiff, you still have the burden of proof to establish their negligence caused the accident and your injuries.
Litigation can be costly and time-consuming. It is essential to remember that if the other driver was uninsured, it is likely because they could not afford their insurance premium and may have few assets to pursue.
While we encourage anyone contemplating filing a car accident claim to contact an attorney, we highly recommend it when an uninsured driver is involved to help you decide the best course of action. Each case is unique and should be assessed on an individual basis.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we never treat each case as a one-size-fits-all; we will customize our representation to fit your needs.
No matter the route appropriate in your situation, recovering damages from an uninsured driver can be challenging and may require the assistance of a car accident lawyer.
Were You In An Accident With Someone Who Was Driving Without Insurance in Hawaii? Contact Our No-Fault Insurance Accident Attorneys
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we understand how scary being in an accident with a driver with no insurance can be. Our attorneys are well-respected, reputable personal injury attorneys with over six decades of experience.
We will fight to exhaust all avenues of recovery when the at-fault driver responsible for your injuries is uninsured. Contact us today to see how we can help. As always, our consultations are free.
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