The compensation would be paid by the body in charge of general insurance in the area. The insurance consortium assumes the payment and the corresponding compensation. But is this all? What happens if the uninsured driver runs away? This article will take a closer look at what a personal injury lawyer in Calgary does when the abuser does not have car insurance.
IF THE CONSORTIUM PAYS THE COMPENSATION, WILL THE OFFENDER GO UNPUNISHED?
At first, the damages and injuries would be covered by the special insurance association, but later this same association would speak with the aggressor to claim the payment that they already made.
Any payment made by a special insurance association will be required of the abuser later.
For instance, if a person who is driving a motorcycle hits a pedestrian, the pedestrian has every right to claim and, as the motorcycle does not have road insurance, the pedestrian would claim the insurance consortium. This consortium would have to pay compensation to the victim, and later, it would sue the aggressor so that:
1. The aggressor gets an obligatory insurance policy and,
2. Repays the insurers with the amount they had to pay to the victim.
Note: the driver of an uninsured vehicle has to bear the expenses for personal injury and material damage, as well as face the possible seizure of some of their material goods.
WHAT A PERSONAL INJURY LAWYER DOES WHEN A TRAFFIC ACCIDENT OCCURS WITH AN UNINSURED DRIVER
An attorney certifies that the opposing party does not have a current policy. Maybe the offender says he doesn’t have it, but maybe he does have it and doesn’t want to pay it back or it has expired. Therefore, the lawyer has to verify the existence and validity of the policy to know how the lawsuit will continue.
In the case that the aggressor has had a policy in the past, the lawyer will investigate why the aggressor stopped paying to rule out any relationship with the claim. Ultimately, if the offender has a car policy but tries to hide it, the lawyer will consult personal information such as the number of claims and types of policies contracted to verify the frequency with which the aggressor has fallen into similar infractions and use recurrence as an argument in favor of the claim.
If after a thorough investigation it is undeniably determined that the offender is uninsured, the attorney proceeds to go to the insurance consortium. This entity will make a list of the personal injuries suffered and will document the case and the expert opinion regarding the material damage caused by the accident.
After the aforementioned procedures, everything will continue as usual; an administrative file will be opened and a lawsuit will be brought against the guilty driver.
WHAT IF THE UNINSURED DRIVER RUNS AWAY?
A significant number of uninsured drivers decides to flee after hitting another vehicle. In these cases, the victim driver who does have road insurance can receive compensation for their injuries.
The complexity of these cases requires the victim to contact a lawyer. Why? Some insurance companies are reluctant to pay because all the money will only come out of their pockets because they cannot identify the culprit.
Also, the process will take longer. The insurance company would do an investigation before giving any compensation for the injuries, to find the aggressor and/or excuses to object that the policy does not cover the accident or that they cannot compensate their policyholder with the amount that they should because the scene was modified.
This is where the importance of a good personal injury attorney comes in. The lawyer is in charge of defending the rights of the injured person, even when the insurance company objects because the responsible driver ran away.
ACCIDENTS AGAINST UNINSURED PERSONS CAN ALSO COME TO A GOOD TERM
The objective of all this is that everyone has car insurance and that the victims of traffic accidents caused by an uninsured vehicle also have the right to receive compensation.