When You’re involved in a Car Accident with an Uninsured or Underinsured Motorist
While most states require a minimum amount of liability insurance to be carried by motorists, the Insurance Research Council’s most recent report of uninsured motorists (2001) estimates that 14 percent of the motorists in the U.S. do not carry auto accident insurance. That means that if you are involved in a car accident, there is a 1 in 7 chance that the at-fault driver is uninsured. And this does not take into account the extreme disparity between states which may make your chances of being involved in an accident with an uninsured motorist much more likely in one state than another.
Even if you carry auto accident insurance, recovering the damages from a car accident can be difficult if the person who caused your injury and/or damages does not carry liability insurance, or is underinsured and, therefore, cannot cover the full cost of damages you sustained. In most cases, a driver is uninsured for economic reasons. That is, they do not carry auto accident insurance because they do not have the financial resources to do so. This being most often the case, if you seek to pursue legal action against the uninsured motorist for your damages and/or injuries, even if your case is successful, you may still be responsible for covering your accident related expenses if the uninsured motorist does not have the financial means to compensate you.
If the motorist who caused the accident you were involved in does not carry auto accident insurance, it is not impossible for you to recover damages. Many insurance carriers offer uninsured motorist coverage. In some states, this coverage is mandatory. This coverage allows you to collect damages from your insurance company in the event that you are hit by an uninsured or underinsured motorist. It is important to contact an experienced accident attorney soon after a car accident as he or she may know about some coverage that you are unaware of.
Sometimes, you may be able to pursue legal action against your own insurance company for damages caused by an uninsured motorist. Contacting an accident attorney with experience handling uninsured motorist car accident claims may help you receive fair compensation if you are involved in a car accident with an uninsured motorist. An experienced car accident lawyer will know how to read your insurance policy and determine the right course of action to help you receive the recovery you are entitled to.
Being involved in a car accident is something you are never quite ready for; however, it is something that you can prepare for. First, check your insurance policy to see if you are covered for uninsured motorist accidents. If you are not, ask your insurance carrier for information about purchasing this coverage. Be sure to receive the terms of the insurance agreement in writing.
Another way to be prepared for a car accident with an uninsured driver is to know what steps you should take after a car accident (see What to Expect when You are in a Car Accident). Be sure to document as much information about the person you had the accident with as possible so that you can contact them later. Also, if they have an expired insurance policy, be sure to write down the insurance carrier’s information so you can contact them to be certain that the person’s insurance is indeed cancelled.
Finally, be sure to choose a car accident attorney with expertise handling your type of claim (see How to Choose a Car Accident Lawyer). An experienced car accident attorney may be able to help you recover damages if you are involved in an accident with an uninsured driver.
My wife was involved in an automobile accident, where she was rearended by an uninsured motorist. The person who hit my wife’s car is not responding, nor cooperating with our insurrance company. Please advise on what legal steps we can pursue. Thank you. David Mullens
Mr. Mullens, this blog is not meant to take the place of legal counsel. Please consult an attorney. http://www.attorneylocate.com is a good place to look for one.
My wife and I were hit headon by a lady that had a BAC of .28 (second offence DUI) and no Insurance. My policy was with
Allstate and I did have uninsured mortist policy and they paid for my car that was totaled and paid our medical expense. It did take about 3 months for a final settlement. The drunk driver only got 7 days in jail and the judge suspended her lic and gave her a work lic. She is prohibited from driving from 3-to 6 am. Bad Judge!
If my roomate took my truck without permission and got into an accident, what am I looking at, and what should I do?
I fail to see the real threat, and so min this coverage, as I expect my collision and my wife and my medical carriers to take our real expense, but am I liable for others, like my passengers, if in an accident caused by the uninsured? Am I protected by my liability coverage?
I was struck from behind by an uninsured soldier; his airbag deployed (it was that hard) and my back is injured. I don’t know what to do at this point; I’m afraid of my 10k coverage not covering my medical expenses. I have bodily injury 100k/300k; but does that apply for me?
I was incarcerated when my daughter that doesn’t live with me or have permission to drive my car took my car and let her boyfriend drive who also doesn’t live with me or have my permission got in a car accident he was driving. I was not told about this accident nor was my mother who is taking care of my affairs. My mother called the insurance company to make the monthly payment. And was told that the premium was $499.00 not $136.00 . She questioned them and they told her that my car had been involved in a car accident that my daughter boyfriend had been driving and didn’t have car insurance. And that they added them both to my policy. My mother and I were both shocked. She talked to the claims department to find out what was going on. She was told that they both had to add to my policy due to the boyfriend not having insurance and my daughter that doesn’t even live with me. My mother told them he stole the car and didn’t have any right to drive the vehicle. They said they still had to put them on my policy due to not being insured. How can any insurance company do without even being notified or my permission? What can I do, I want this off my insurance and my record. Please help me.
I was in a front collision car accident on thanksgiving 11/25/2010. The other party ran the light and hit my car, then got out and ran. Is there anything that can be done to help me with my situation?
I am an attorney and have practiced in the areas of traffic defense, plaintiff’s personal injury, and bankruptcy. In Ohio, the legislature created a wonderful law requiring uninsured or underinsured motorists to pay the amount of the judgment obtained by the injured driver. Failure to make said payment or to enter into a payment arrangement that the insurance company deems acceptable, will keep the negligent driver from being able to driver. The Bureau of Motor Vehicles will actually SUSPEND the driver’s license.
That sounds great at first blush, and it worked very well for a while. However, since sometime in 2010, when explaining to the suspended driver that he/she will need to pay the judgment amount, the Ohio BMV actually recommends that the suspended driver file for bankruptcy. Most people, until that interaction, don’t realize that bankruptcy will discharge that obligation to the injured driver’s insurance company. Now, over the past year, I have seen my ability to recover judgments decrease, and my bankruptcy filings increase.
Reference my blog at http://www.copelawoffices.com to learn more about this recent trend.
I was rear-ended by an insured driver. I called 911 and the police officer that showed up said he did not need to file a report since no one was taken away in an ambulance,etc. He left the scene. We exchanged insurance info and when I got home I called my insurance co. They informed me that my policy had expired that day at 12:01 a.m. So, I was uninsured at the time of the accident, and had to go through the driver that hit me insurance. So, I got my policy reinstated over the phone right htere, and called the other insurance co. They are accepting liability and are sending me a check for the damages to my vehicle. My son (who was a paasenger in my car) and I are now sore and stiff and I am having headaches and trouble sleeping (4 days after the accident). I want us to see a doctor, and am not sure as an uninsured motorist at the time of the accident, how mine and my son’s medical bills will be paid. Thanks.
I was hit by an uninsured driver and I do not have uninsured motorist coverage. My car is totaled and I now have medical bills. I was living paycheck to paycheck before the accident, and now I can’t afford to fix the car or pay the Dr. bills. I know he can file for bankruptcy, but only if he hasn’t filed in the past several years. How can I find out if he has filed before?
don’t know exactly who hit who but the other party was on my right hand side at an intersection when I heard a loud noise. I turn to my right hand side and see a car. We exchanged information she contacted her insurance company. I signed a paper which I didn’t read
I received call from her insurance company and from her. In her message she said for me to contact the insurance company to claim fault so that this case could get closed and she could move on.
I recall admitting fault but I was really nervous since it hasn’t been the first time I’ve been hit. I also remember her saying that I probably wanted to change lanes and just didn’t see her. she also said she was on the far right hand side and if that is so then she is the one that actually hit me. Please see attached image.
Since she would have had to merge onto my lane or turn right. I also recall her asking me if I knew the name of the intersection we were on. Which points out again that she wasn’t sure where she was at or else would have known the name of the street and of course the streets themselves.
I just got back hit by a car at a night at 4am when i was sleeping, my neighbor called the police at the time and the police found me, I got the police report after couple days, but when I called the lady’s insurance company and they said they refused to pay me cause there is some problems with her insurance, I really dont know what to do, cause i also found out that i didnt have insurance at that time because i missed a payment, I m at the worst situation right now, please gimme some advices.
My wife and I were rear-ended by an uninsured motorist. I do not have un-insured coverage. My wife and I both sustained back and neck injuries and I have a separated wrist. My question is: I don’t want this guy to do this to someone else. Can I sue him in small claims(Daytona, FL)? Will he lose his license? Any justice at all or will he walk and drive around with no punishment?
My work truck does not have collision and I was hit by the 100% faulted driver and Police report was completed. Who pays for the damage and towing to my truck? My company says that i can only collect maybe $500. I thought his company would pay the damages since it was his fault.