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Uninsured Motorist Accidents
It’s always a stressful and traumatic experience to get involved in any type of vehicle collision. When you find out that the driver who collided with you was uninsured or underinsured, your stress levels may rise even more. What will you do if the other driver does not have full automobile insurance or even minimal liability coverage? Who will pay for the damage to your car and its repairs or replacements?
Texas Personal Injury Lawyers can assist you in obtaining appropriate compensation for your injuries, losses, and expenses if you are hurt in a vehicle accident caused by an uninsured or underinsured motorist.
If our firm can assist you with your claim, we will notify you during your consultation call. It is entirely up to you whether or not you want to accept our services. For an obligation-free consultation, contact us now.
The Problem Of Uninsured Motorists
In all US states, except New Hampshire, you must have liability automobile insurance (which is necessary for every state, with the exception of Nevada, where you must show that you can fulfil financial criteria). While liability insurance is nearly universal, the sort and required level of coverage vary from state to state.
Unfortunately, the Insurance Information Institute discovered that close to 13% of drivers did not have car insurance in 2015.
The Financial Responsibility and Insurance Committee discovered that 82 per cent of uninsured drivers interviewed either said they couldn’t afford car insurance or that their vehicle isn’t in use.
Know Your Insurance Coverage
If the negligent party’s insurance does not cover your losses, you may be eligible for compensation under your own auto insurance policy. Look on the declaration page of your automobile insurance policy to see if you have Uninsured Motorist (UM) or Under-Insured Motorist (UIM) coverage. Despite the names given to various insurance coverages, such as comprehensive, full, or even commercial policies for activities like driving for Uber, the most coverages include a UM/UIM add-on in addition to your main coverage.
When the at-fault driver doesn’t have enough insurance, Uninsured (UM) or Underinsured Motorist (UIM) coverage typically covers property damage and medical expenses. In addition to collisions with drivers who are uninsured or underinsured, UM/UIM is also valid in hit-and-run incidents when a driver’s identity is never established.
In most cases, an Uninsured Motorist Coverage claim can be filed by:
The named driver on a policy with UM/UIM coverage. Individuals who have permanently settled in the same household as a person who has UIM coverage (even if they are not involved in the accident).
Those involved in a vehicle collision involving an insured individual.
Because this coverage is so helpful, many jurisdictions have mandated that drivers purchase UM/UIM coverage, while other states merely require that it be offered as a purchasable option to motorists. If you don’t already have UM/UIM coverage, we strongly advise you to get it. Even if you live in a state where it isn’t necessary, we recommend that you purchase it. You will be happy that you did if an uninsured motorist is involved in an accident with you.
Liability Insurance
Auto insurance will pay for injuries or damages caused to people in your vehicle by an at-fault driver, but not for the driver’s actions. Liability insurance usually does not have a deductible. The liability coverage one is provided with is usually indicated by three digits.
- The first figure, $15,000, is the amount of coverage for one person’s personal injury or death.
- The second number is the maximum amount of compensation for personal injury or death in the event that there is more than one person involved: $30,000.
- The third number is the dollar amount for property damage: $5,000.
Collision Insurance
Collision coverage covers vehicle damage in the event of an accident. If you have collision coverage and are involved in a collision with an uninsured motorist, it will cover your property damage. However, none of the bodily harm damages incurred during the accident will be reimbursed. There may be a deductible to meet.
Personal Injury Protection
Personal Injury Protection (PIP) is a type of insurance that protects you against medical expenses, regardless of who is at fault. PIP is only accessible in a few states, and it might cover lost of income, substitute services, and funeral costs. There may be a deductible to pay first before receiving any benefits.
MedPay
The term MedPay is short for “Medical Payments to Others.” It covers passengers’ medical expenditures directly incurred as a result of an accident injury in your car, regardless of who’s at fault. There is no deductible with MedPay, only medical expenses are covered (not lost wages, substitute services, or funeral expenses).
No-Fault States
In “no-fault” states, victims are compensated by their own insurance company, regardless of whether or not they were at fault.
What to Do If An Uninsured Motorist Hits You
When you are injured in a motor vehicle accident and the at-fault driver does not have automobile insurance, there are a few alternative ways to get the cash you require to compensate for your losses.
Determination Of Fault
One of the first issues in a case that must be resolved is determining who is at fault, as this will influence how the case progresses. In “tort states,” such as Texas, the at-fault motorist is responsible for any injuries and expenses incurred as a result of the accident. In “no-fault” states, all injured parties receive compensation from their own insurance company.
File A Traffic Collision Report
When making an insurance claim, having a police report is critical, especially if you are uninsured. Police reports are especially beneficial in situations like these, as they can back up many aspects of your claim, including key facts about the accident, such as the date, place, and parties involved. The report will also note whether any individuals were driving with valid insurance.
File A Claim With Your Insurance Company
The next step is to submit an uninsured motorist claim with your insurance provider. If you have uninsured motorist coverage on your policy, you should anticipate that your insurance provider will cover your medical expenditures and property damage up to the limits of your coverage.
If you don’t file your claim promptly, the statute of limitations may run out before you get your money back. You should make an effort to push things along as quickly as possible. If claims are not immediately reported, they can be lost forever.
Take Action To Gather Evidence
While an uninsured motorist insurance policy appears to be a good idea on paper, obtaining the compensation you require and deserve is not always as simple or straightforward as it should be.
By taking charge of your case, for example, gathering evidence, filing a police report, keeping track of all receipts and invoices regarding vehicle towing and repairs, and maintaining all papers and documents related to the cost of any medical care, from doctor’s office visits to surgery, medical treatments, hospitalization records, prescriptions, medical equipment, and receipts for over-the-counter drugs and other items.
Seek Advice From An Experienced UM/UIM Attorney
When dealing with insurance firms, keep in mind that their main objective is to increase the bottom line for their company, which means reducing or denying your claim. It is not in your best interests to submit written statements to the insurance company until you have legal representation, since what you say can be used against you.
The insurance company will do all it can to persuade you to accept a settlement without the help of an attorney. Don’t let this happen; once you’ve signed a contract, you won’t be able to seek additional compensation.
Common Problems Regarding Uninsured Motorists And Insurance
There are several concerns, worries, and difficulties surrounding uninsured drivers.
Exceptions To Coverage
Each auto insurance policy is different; your uninsured motorist coverage may not cover all costs. The following are some examples of claims that are typically excluded from uninsured motorist policies:
- If you have an accident while operating a vehicle that is not covered by your insurance policy, such as a loaner or rental car, your coverage may not cover it.
- If you settle your claim with an uninsured driver without the insurance company’s knowledge or consent, you won’t be covered under the uninsured motorist coverage.
- If you’re using your automobile for business (such as a livery, taxi, delivery van, or other vehicles), you may not be eligible for uninsured motorist benefits under your coverage.
While it is critical to understand what is and isn’t covered under your uninsured motorist coverage, it’s just as crucial to comprehend the exclusions.
No UM Coverage
What happens if you have no uninsured motorist coverage and a driver who doesn’t have automobile insurance runs into you? Vehicle damage will be covered by your collision coverage. Medical expenses, on the other hand, may not be reimbursed.
You could also seek compensation in small claims court, but when a driver lacks auto insurance, according to our data, he or she cannot pay you 82 per cent of the time. Also, the maximum claim amount allowed in small claims court is usually $5,000 to $10,000.
Another alternative for individuals who don’t have uninsured motorist coverage is to submit a notification with the Department of Motor Vehicles documenting the damage your car incurred. The other motorist’s license could be suspended by the DMV if your automobile is damaged. Such a suspension might provide a considerable incentive for the driver to compensate you.
Premium Hikes As They Relate To Uninsured Coverage Claim
You might be wondering if your insurance premiums will go up if you claim under your uninsured motorist coverage. The answer to this question varies by state.
An insurance company cancelling or increasing rates after an uninsured motorist accident is particularly egregious because they are penalizing you for an incident that was not your fault. If you find yourself in this scenario, file a complaint with your state insurance commissioner or talk to a lawyer who has dealt with similar situations before.
No Insurance Coverage
If you or the other driver does not have automobile insurance, or if your UM coverage is insufficient to cover your repairs or medical expenses, you will be responsible for all costs, including medical expenditures and vehicle repairs. Small claims court may be an option, as previously stated.
In most states, driving without insurance is illegal. As a result of all the costs, you may have your driver’s license revoked and be charged hefty penalties, which are considerable. It’s in your best interests to obtain an auto insurance policy that includes uninsured motorist coverage.
Claim Denial
It’s annoying when your auto insurance company rejects your claim after you’ve been paying your premiums on time. Contact Texas Personal Injury Lawyers if you believe your claim has been unjustly denied or that your insurance company isn’t paying enough on your claim given the coverage you have. They can assist you in obtaining appropriate compensation for your injuries, losses, and costs.
Do You Need An Uninsured Motorist Lawyer?
If you have been hurt in a vehicle accident caused by an uninsured or underinsured motorist, get legal counsel from someone who has dealt with similar cases before.
Texas Personal Injury Lawyers is always available for consultation at no cost. Our team has assisted hundreds of individuals in similar situations and can help you decide on the finest route forward for your situation. If our firm can assist you with your case, the person providing the consultation will let you know during your consult call. It’s entirely up to you whether or not you want to employ our services. For an obligation-free consultation, contact us now.
Call us at (888) 997-2148 right away. We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely free.
Call our legal team immediately at (888) 997-2148 to schedule a free case evaluation with one of our experienced uninsured motorist lawyers and it will be your initial step toward receiving fair and just compensation. We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely free.