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What Happens if You are in an Accident with an Uninsured Driver?

April 3, 2022 Personal Injury Lawyers

Unfortunately, automobile accidents are inevitable. According to the Association for Safe International Road Travel, automobile accidents cost the United States an estimated $230.6 billion per year, which is roughly $820 per person.

If you are involved in an automobile accident, you have a peace of mind knowing that you have car insurance coverage. However, the Insurance Research Council reported that 12.6% of individuals in the United States are uninsured. Automobile insurance can help pay for damages to vehicles and medical treatment, but what happens if you are in an accident and the other party doesn’t have insurance coverage?

If you have been involved in an accident, and the other party was uninsured, it is vital to contact a skilled legal team. An experienced attorney can help you file an insurance claim for compensation. Many automobile insurance companies have strict deadlines set in place for uninsured claims, and a skilled attorney understands what is needed to make the process move quickly and smoothly.

You should also be sure to seek medial attention when you leave the scene of the accident. Many injuries that result from car accidents show no immediate symptoms, so getting checked by a medical professional can identify some injuries before they surface.

Uninsured Motorist Coverage
When you take out a car insurance policy, you have the option of adding uninsured motorist coverage. This type of coverage provides compensation for any injures to you and your passengers if the other party doesn’t have car insurance. In addition, uninsured motorist coverage is usually applicable to hit-and-run accidents. This coverage is beneficial because it can help you recover damages that resulted from the accident.

Underinsured Motorist Coverage
Underinsured motorist coverage is similar to uninsured motorist coverage because it provides payment for injures that occurred when the other driver doesn’t have sufficient insurance coverage to pay for the damages. There are many insurance companies that offer underinsured and uninsured insurance coverage as a combined package.

Uninsured motorist covering has proven to be so beneficial that is it now required in Washington DC and 21 states. Even if you don’t live in a state where uninsured motorist coverage is required, it is still recommended to add this to your coverage for protection against uninsured drivers.

It is important to note that uninsured and underinsured automobile coverage are not able to exceed the total amount of the primary coverage. If an individual’s coverage for potential negligence is $50,000, then he or she is only able to take out uninsured and underinsured insurance protection in an amount not to exceed $50,000.

Lawsuits Against Uninsured Drivers
When you are in an automobile accident that involves an uninsured driver, you may be able to file a lawsuit to seek compensation for damages. However, if you reside in a no-fault state, you will not be able to file a lawsuit against an uninsured driver. In addition, if you live in an at-fault state, you are only able to collect compensation for damages when the other party is at-fault.

How to Recover Damages by Filing a Lawsuit
When you file a lawsuit to seek compensation for damages against an uninsured driver, a court proceeding will take place. At the court proceeding, a judge will examine the information and determine if the uninsured driver was at-fault for the accident. If the judge finds the uninsured driver was at-fault, the judge will decide how much compensation will be awarded to the individual filing the lawsuit.

Although individuals who live in a no-fault state are not able to file a lawsuit against an uninsured driver, each individual’s insurance will provide compensation for damages and injures no matter which party was responsible. In addition, there are some no-fault states that allows individuals (who have suffered from major injuries) to file a lawsuit against an uninsured motorist.



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