Under or Uninsured Motorist Accidents

Many people are trying to save money these days, and it’s common for drivers to save some money by lowering their limits on insurance.  If a driver has a $30,000.00 liability limit, but he causes $70,000.00 in damage, the innocent driver will be in the position of trying to sue the driver for the difference.  The insurance company representing the at-fault driver is required to pay the policy limits only.  If you have uninsured or underinsured motorist insurance coverage your own insurance company will pay for the difference between the damages you suffered (up to your policy limits) and the policy limits of the at-fault driver.  

Filing a Lawsuit Against an Uninsured or Underinsured Driver

When you are in a car accident with a negligent uninsured driver, you can sue the driver directly.  The problem is that if the driver doesn’t have any assets to use for payments to you, you will end up with a judgment against the driver, but will have no money coming to you in the end. 

No-Fault and Damages

There are several states that have “no-fault” laws.  In a no-fault state, your insurance company must cover your losses following an accident if another insurance company is not liable. The following are some damages for which you may be compensated:

• Medical Bills
• Lost wages
• Replacement Services (housework, yard work, driving kids, etc)
• Most no-fault laws do NOT include compensation for pain and suffering

Even if the accident is partially your fault, in a no-fault insurance state, your own insurance company must cover your losses up to the limits set by law in your state.

Filing a Lawsuit against Your Own Insurance Company

If you know the negligent driver is uninsured, and likely has no assets, you should file suit against your own insurance company to cover the losses.  Your insurance company can always go after the driver in subrogation to get their money back.  You will need to prove negligence in the case and should be aware that if you go after your own insurance company for the damages, they will scrutinize your role in the accident and will question your injuries to make sure they don’t end up paying for anything they shouldn’t.  The negligent driver’s insurance would have put you through the same hoops of proving fault and injuries, but you should be aware that your own insurance company will do the same if you sue them.

Help from an Attorney

Following a car accident, even if there is minimal damage, you should be sure to exchange insurance information with the other driver.  Even if the insurance card for the other driver is expired, you should still take down all the information to contact the insurance agent and find out the status of the insurance for yourself.  If you have any pain, or if there is any damage to your vehicle, be sure to call the police and wait for them to arrive to write a report of the accident.  If you have a police report, you have a record of what happened. Without the report, you may hear a new and creative story created by the other driver later. Contact a lawyer as soon as possible after the accident while all the details are still fresh in your head.  An experienced personal injury attorney can help you assess which insurance company or driver you should hold responsible for covering the damages of the loss.