Most states in the country have strict car insurance laws requiring all drivers to carry some form of insurance. However, some drivers choose to ignore these laws and drive without insurance.
Being involved in an accident with an uninsured or underinsured motorist may be a big headache since they may not have the money to pay for damages.
But it doesn’t mean that all hope is lost. You can still recover damages if you take the necessary steps. This blog post discusses some of the things you can do if an uninsured or underinsured motorist has hit you.
1. Gather as Much Information as You Can
Even if you have been hit by an underinsured or uninsured motorist, you still want to know as much about the driver as you can. This includes their name, address, phone number, and insurance information (if they are underinsured).
If there are any witnesses to the accident, get their contact information as well. The more information you have, the better.
You should also take clear pictures of the accident scene, including any damage to your vehicle. These pictures will be helpful later on if you need to file a claim with your own insurance company or take the driver to court.
2. File A Police Report
If you have been hit by an uninsured or underinsured motorist, you must file a police report right away. This will create a formal record of the accident and will be helpful later on if you need to take legal action.
The police report will also include information about the other driver, such as their name and insurance information (if they are underinsured). This can save you a lot of time and effort later on.
3. Contact Your Insurance Company
You may be covered under your own insurance policy even if the other driver is uninsured or underinsured. Check with your insurance provider to see what coverage you have and whether or not you can file a claim.
Your insurance company will also be able to advise you on what steps to take next and how to proceed with your claim.
If you reside in a no-fault state, you must be carrying personal injury protection (PIP) policy for your insurance company to pay out damages.
In a no-fault state, your insurance company will pay for your medical bills and lost wages regardless of who was at fault for the accident. Each state has different laws regarding no-fault insurance, so be sure to check with your insurance company.
No-fault states include Florida, Michigan, New York, and Pennsylvania.
4. Hire An Attorney
If you have been seriously injured in an accident with an uninsured or underinsured motorist, you should consider hiring an experienced personal injury attorney.
An attorney can help you recover damages you may be entitled to, such as pain and suffering, lost wages, and medical expenses.
You may also be able to file a lawsuit against the other driver if they were at fault for the accident. If you win your case, the court may order the driver to pay you damages.
It is important to note that hiring an attorney is not always necessary and may not be worth it if your injuries are not serious. You should speak with an attorney to get their professional opinion on whether or not hiring one would be beneficial in your case.
5. Document Your Injuries
Another critical thing you must do if you have been hit by an uninsured or underinsured motorist is to document your injuries.
This includes keeping track of all medical appointments, treatments, medications, and other out-of-pocket expenses related to your injuries.
Be sure to save all receipts and documentation so that you can provide this to your insurance company or attorney if necessary.
6. Take Legal Action Against the Driver
If the other driver was at fault for the accident and you have been seriously injured, you may want to consider taking legal action against them.
You could sue the driver for damages in civil court if they were uninsured or underinsured at the time of the accident.
If you win your case, the court will order the driver to pay you damages. These can include medical expenses, lost wages, pain and suffering, and more.
You will need to prove that the driver was at fault for the accident and that you have suffered damages as a result.
This can be done by gathering evidence such as police reports, witness statements, photos of the accident scene, and more. An experienced personal injury attorney can help you gather evidence and build a strong case against the other driver.
How Can Uninsured/Underinsured Motorist Coverage Help?
If you have an uninsured/underinsured motorist coverage policy, it will automatically be triggered when you are involved in an accident with an uninsured or underinsured driver.
Uninsured/underinsured motorist coverage will pay for your medical bills, lost wages, and other damages up to your policy limit.
Be sure to check your policy limits to know how much coverage you have. You should also contact your insurance company as soon as possible after the accident to start the claims process.
Sometimes, it is not reasonable to file a personal injury lawsuit against a driver who caused your accident but carries no insurance unless you are 100% sure that the other person has assets or some other way of satisfying a court judgment.
In that case, your uninsured motorist coverage would protect you by providing compensation for your injuries up to the policy limit.
This type of coverage is not required in all states, but it is something to consider if you live in an area with a high number of uninsured drivers.
How Can Your Own Collision Policy Help?
Typically, collision coverage can be added to your auto insurance policy at an extra cost. The coverage is meant to pay for repairs to your own vehicle after an accident, regardless of who is at fault.
However, in some cases, collision coverage may also be used to pay for your medical bills and other damages if you are hit by an uninsured or underinsured driver.
Each insurance company is different, so check with yours to see if this is an option.
Do Insurance Companies Go After Uninsured Motorists?
Insurance companies have the legal right to seek reimbursement from anyone responsible for a covered loss. So, let us assume John collides with Anthony, and Anthony is clearly at fault for the accident but is also uninsured.
John files a claim with his insurance company for the damages to his vehicle. His insurance company will pay him for the repairs and may also pay him for any other damages he suffered, such as medical bills and lost wages.
Once John’s insurance company has paid him for his losses, they will then attempt to recover the money from Anthony by taking legal action against him.
That is how it should be, but from a practical point of view, John’s insurance isn’t going to spend time and money chasing someone with no assets and no job.
It is a waste of time and money. So, in reality, John’s insurance company will likely just write off the loss.
How Can You Protect Yourself from Uninsured/Underinsured Drivers?
The best way to protect yourself from uninsured drivers is to purchase uninsured/underinsured motorist coverage as part of your auto insurance policy.
This type of coverage will protect you financially if you are involved in an accident with an underinsured/uninsured driver.
It is important to check your policy limits to know how much coverage you have. You should also contact your insurance company as soon as possible after the accident to start the claims process.
Summary
If you are involved in an accident with an uninsured or underinsured driver, it is important to take the right steps to ensure that you are protected.
Gather as much information as possible at the accident scene, file a police report, and contact your insurance company.
If you have been injured, document your injuries and speak with an attorney about taking legal action against the driver. You can also protect yourself from uninsured drivers by purchasing uninsured/underinsured motorist coverage.
Have you or someone you love been hit by an uninsured or underinsured motorist? We can help. Our experienced car accident attorneys will fight for your rights and help you get the compensation you deserve.
Contact us today for a free, no-obligation review of your case!
