Knowing that car insurance is legally required in almost every state should be a comforting notion. But the fact is only a minimum amount of liability car insurance is required. And if you are in a major accident with an underinsured driver or one with no insurance at all, well, then the stress of your car accident will be multiplied.
According to research, 1 in 8 drivers does not have auto insurance. So how will you get compensated for your car accident injuries if you’re in an accident with an uninsured driver? Let’s take a look at how you can claim for damages with an uninsured driver.
What to do When in an Accident with an Uninsured Driver?
There are a few things you should remember to do after an uninsured driver hits you.
Call the police: This is a good idea regardless of if the driver is insured or not. But in the case of an uninsured driver, the police report will help things easier when needing to get your expenses covered.
Don’t accept money: The at-fault driver may offer you money to avoid their own legal repercussions, as they will be facing heavy fines. And so they may hope that you will accept a sum upfront and not report them. But remember, at this point, you don’t know what your damages or injury costs will be. So it’s best not to accept any money upfront.
Obtain information: You need the at-fault driver’s contact details and vehicle details. And remember to ask witnesses for their information because their statements will be beneficial during the claim process.
Gather details: Get down as much information as possible; the make and model of the vehicle, time and location, name and badge number of the police offer, and any other information you think may help you with the insurance company.
Take photos: Take photos of the damage to both vehicles, license plates, traffic signs, and the direction that each vehicle was traveling. Again, all this information will make filing your claim easier and likely to be successful.
What Insurance Coverage Will Help You Get Compensated for Car Accident injuries?
Insurance companies have options that will cover car accidents with uninsured at-fault drivers. Make sure you understand your policy, and if you haven’t yet been in a car accident, add these additional plans into your current policy. This will ensure you are covered if such an unfortunate incident occurs.
Uninsured Motorist Coverage: If you are involved in an accident with an uninsured driver, you will have to turn to your own insurance company to cover your damages. Does your insurance plan cover uninsured motorist coverage? If you do have this included in your plan, you will be covered for bodily injuries, medical expenses, income loss, and other expenses. If you don’t have this included in your plan, you will more than likely incur many expenses on your own.
Underinsured Motorist Coverage: This works the same as with the uninsured coverage plan, paying for damages sustained in an accident with a driver who has a car insurance policy in place, but not enough to cover your injuries, vehicle damage, and other losses arising from the accident. Your plan will cover the difference between the at-fault driver’s coverage and the total amount of your losses.
Collision Coverage: This is another optional coverage plan that can be added to your insurance policy. This will help pay toward repair damages to your vehicle sustained in an accident with an uninsured at-fault driver or a hit-and-run driver. However, this coverage won’t apply to your injuries, only the repairs to your vehicle.
Filing a Lawsuit: You could, of course, take the at-fault driver to court and sue them for your incurred expenses, but this will take a lot of time and money, with the outcome not guaranteed. You can also only do this if you live in a traditional negligence state and not a no-fault state. The problem is that even if you are successful in proving the driver was at fault, and you obtain a judgment against them, there is no guarantee that you will receive payment. The reason is that usually, those drivers who don’t have insurance don’t have a lot of money or assets.
What Happens if You are Hit by an Uninsured Driver in a No-Fault State?
If this is the case, the claims process will be slightly different because a no-fault state means that no matter who was actually at fault for the accident, your insurance provider will pay some or all of your medical bills and lost earnings.
If you have been involved in a car accident with an uninsured driver, make sure you report the accident to your car insurance company, the police, and then contact a car insurance attorney as soon as possible. A car insurance lawyer will understand your position and have the expertise in successfully moving your claim forward.
Contact the Experts
The Law Offices of David Kohm have many years of legal representation and extensive auto accident litigation knowledge. You must be made aware of your legal rights, and we will work to get the best settlement possible for you. Our focus is to help you reach a quick and financially beneficial solution to your legal matters.
Call our law offices today at any of our convenient locations and get a free consultation.
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