As legal professionals in Alberta, we understand that the consequences of accidents involving uninsured or underinsured drivers can be complex and stressful for all parties involved. Alberta’s motor vehicle laws are designed to protect both drivers and pedestrians, but accidents still happen, and when they involve uninsured or underinsured individuals, the situation can quickly become more complicated.
At our law firm, we strive to help clients navigate these difficulties and ensure that their rights are upheld. In this blog post, we will discuss the challenges and considerations when dealing with uninsured or underinsured drivers in Alberta, along with practical solutions and strategies for effective legal representation.
Understanding the Terms: Uninsured vs. Underinsured
Before diving into the legal strategies, it’s important to understand the difference between uninsured and underinsured drivers:
- Uninsured Drivers: These are drivers who do not carry any auto insurance, whether due to non-compliance with Alberta’s mandatory insurance laws or because their policy lapsed.
- Underinsured Drivers: These drivers have insurance, but their coverage is insufficient to fully cover the damages resulting from an accident. This often occurs when the other driver has a low liability policy limit that cannot adequately cover the costs of injuries, medical expenses, vehicle repairs, or other losses.
What to do After an Accident Involving an Uninsured or Underinsured Driver
1. Exchange Information
As with any accident, be sure that you take down all of the other driver’s information, including driver’s license, license plate, and registration. Take photos of these things if possible. If you are experiencing immediate injuries at the scene of the accident, call 911 and wait for emergency services to arrive. You should still attempt, if you are able, to get as much information the other driver before emergency services arrive.
If the police arrive, and the other driver is uninsured, they may issue a ticket for driving without insurance, and prepare a police report. Be sure you request a copy of the police file number and a copy of the police report. This will usually be mailed to you following the accident.
2. Notify your Insurance Company
Alberta law mandates that all drivers have basic auto insurance, specifically the Automobile Accident Insurance Policy (commonly known as the Public Liability and Property Damage coverage). However, if the driver at fault is uninsured or underinsured, your own insurance company may still be involved. Make sure to inform your insurer as soon as possible and provide all the information about the other driver and their vehicle.
Alberta drivers are also required to have accident benefits coverage, which may provide some financial relief, such as medical costs, even if the other party is uninsured or underinsured.
3. Seek Legal Advice
Navigating a claim or lawsuit involving an uninsured or underinsured driver can be complicated. After you have sought medical treatment, engaging legal professionals early in the process ensures that you understand your rights and have a clear strategy moving forward. Our team is experienced in these types of cases and can provide guidance on the best course of action.
We can advise on your legal options for recovering damages. You may be entitled to use your own insurance, as there is often uninsured motorist or underinsured motorist coverage included in your policy. This may provide some protection in situations where the at-fault driver does not have enough coverage or no insurance to cover your damages.
We can also provide advice about suing the at-fault driver directly and the pros and cons of doing so.
Conclusion
Dealing with an uninsured or underinsured driver can be a daunting and complex experience for accident victims. However, with the right legal support, it’s possible to secure fair compensation for your injuries and losses. At our law firm, we have the expertise to guide you through these challenging situations and help you achieve the best possible outcome. Whether through your own insurance or by pursuing legal action against the at-fault driver, we’re here to help you understand your options and take the necessary steps toward recovery.
If you’ve been involved in an accident with an uninsured or underinsured driver in Alberta, do not hesitate to contact us for a consultation. Together, we can ensure your rights are protected and that you receive the compensation you deserve.
