Featured News 2014 Were You in an Accident with an Uninsured or Underinsured Driver?

Were You in an Accident with an Uninsured or Underinsured Driver?

Almost every state requires drivers to carry insurance. Unfortunately, a good number of drivers on the road only have minimum coverage, which is often not enough to cover all your damages after a crash. And many drivers are not insured at all; these irresponsible drivers also have a high crash rate. It is only too common for someone to find out that the driver who caused their crash cannot compensate them for the property damage or medical bills, much less their pain and suffering. What are your options at this point? It is vital to understand the limitations and benefits of uninsured and underinsured motorist policies, and to learn what your options are when it comes to compensation for a car accident. Your best resource for discovering your options is a car accident lawyer, but in the meantime, here is a general overview.

Uninsured Motorist (UM) Coverage

You will have to look at the wording in your own policy to see what you are covered for and when. But generally speaking, your own UM insurance policy can provide coverage when an uninsured driver causes injuries to:

  • You as you drove or rode in an insured vehicle, drove or rode a vehicle that is not under your name, or if you were a pedestrian
  • A family member in your household who was driving or riding a vehicle covered by your policy
  • Anyone else driving or riding in a covered vehicle with your consent
  • Anyone else riding in a vehicle you drove but that is not yours

If you were in a hit-and-run accident, then you may or may not be covered. Depending on your UM policy, you might only be covered if there was a collision with the other car. In other words, you might not be covered if a driver races off after they forced you off the road but did not make contact. Under some policies, you can only be compensated for a hit-and-run accident if you could determine who the other driver is or if you can identify the vehicle. Your policy might also state that you have to call the authorities within 24 hours of your crash in order to be eligible for UM coverage.

When an accident occurs when someone is working, then UM coverage could decrease if there is workers' compensation, disability benefits, or any other compensation that comes your way after the workplace accident. Similarly, if you get coverage for your medical expenses from your insurer's medical payments policy, then those funds would be subtracted from any UM coverage you are eligible for.

Finally, there are times when UM coverage will be you or your relative's secondary coverage. This would be the case if you or your family member are hurt in a crash with an uninsured driver while you rode in or drove someone else's vehicle. The car owner's policy would be the primary coverage, while your own UM coverage would only be triggered if the primary coverage cannot pay for all your damages.

Underinsured Motorist Coverage

Unfortunately, if you get into a crash with a driver who has the minimum amount of coverage necessary in your state, you may not be fully covered for your accident, and a UM policy usually cannot help you here. Instead, you may need a separate policy altogether for these situations. If you have an underinsured motorist policy, then one of the first things you need to do is reach a settlement with the other driver's insurer. If you get the maximum amount that their policy offers, then you need to gather documents that establish that this is the policy limit, and that you collected the full amount (these papers could be included in your settlement). Then with this documentation, you can approach your own insurer to collect the damages the other driver's policy could not cover. You would then have to negotiate a settlement amount with your insurance company. As an illustration:

  • If you've sustained $25,000 in damages,
  • If the other driver's policy can only cover $15,000, and
  • If you receive $2,000 in coverage for your medical payments from your insurer,
  • Then you could collect the $8,000 difference from your underinsured coverage

Need help dealing with insurance?

If you need help to file a successful uninsured/underinsured motorist claim, an experienced legal advocate may be able to help you negotiate with your insurer. After all, even your own insurance company is going to want to hold onto as much money as they can, a goal that is at direct odds with your need to collect the full damages you are owed. There may be cases, however, where an insurance claim is not enough, and you may need to file a lawsuit. Learn more about protecting your rights with an insurance company and getting the compensation you need when you contact a car accident lawyer on our site today!

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