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June 11, 2020

How to Deal with an Uninsured Driver in an Accident

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In states that require automobile insurance, it doesn’t guarantee that all drivers have it. Some people prefer to take their chances and head out on the roads without any kind of insurance coverage for their vehicles. Unfortunately, these drivers get into accidents too, and not having coverage can be costly for both drivers. States have laws that dictate the type of coverage you should have and the procedure for dealing with at-fault drivers who do not have it. Familiarize yourself with how you might deal with an uninsured motorist after a crash.

Your Vehicle Coverage

When you go to exchange information with the other driver, they may either provide erroneous information or admit to not having coverage. In either situation, the process is going to be more difficult without it. One of the first calls you should make after an accident is to your insurance company to file the claim. Your insurer will do an investigation into the other driver’s history, including their coverage. If nothing is found, there are a couple of options depending on your coverage.

Some states require drivers to carry uninsured motorist policy riders. These are additional requirements and are not usually included in your primary policy. If you have uninsured motorist coverage, then your insurance company will pay your damage and medical. They will then file a lawsuit against the at-fault driver to get compensation.

However, if your policy does not have the uninsured motorist rider, you may be stuck. You may have to pay out of pocket for the repairs and bills, and then it is up to you to file litigation against the offending person.

No-Fault States

If you are hit by an insured driver in a state that has no-fault accident laws, things will be handled differently. Since the insurance company won’t necessarily be looking into assigning blame, you will file through your own insurer regardless of the cause. In a state with these types of laws, each driver’s insurance pays for their damage. There is an exception to the no-fault liability laws. If your medical bills exceed your policy limits and personal injury protection coverage, the one who caused the accident may have to pay.

Figuring out how to get compensated when an irresponsible driver causes your car and your body damage is frustrating. Your insurance company may not be moving fast enough, or you may find out that you do not have the proper policy to get covered. A lawyer, like a car accident lawyer from David & Philpot, P.L., should be your first phone call after a crash with an uninsured motorist. Hesitation may cause a delay in your treatment and recovery.

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