One of your first thoughts after being involved in a car accident is how you’re going to cover repairs to your car and any possible medical bills. In normal accidents, you’ll be able to file a claim against the insurance policy of the at-fault driver. However, if the other driver in your case doesn’t have car insurance, or is underinsured, it can leave you in a very difficult situation, struggling to get the compensation you need.
Fortunately, after an accident with an uninsured driver, there are a few ways you can cover the expenses resulting from your wreck. Learn how you can get compensation after being hit by an uninsured driver and how a car accident lawyer can help with the claims process.
Filing a Claim After an Uninsured Accident
After you’ve been hit by a driver without car insurance, the usual way to cover your damages will be to file a claim with your own insurance policy. Although many people consider filing a lawsuit against the other driver, this may not give you the compensation you need since underinsured drivers typically don’t have extensive assets. Filing a claim against your insurance is generally easier and will give you the payments you need.
To be able to file a claim against your insurance policy, the other driver must be clearly at fault. Also, you will only be able to receive compensation if your insurance policy contains uninsured driver coverage.
Covering Accidents Involving Underinsured Drivers
Another common accident that can leave you in a precarious financial situation is being involved in an accident with an underinsured driver. Underinsured drivers do carry car insurance, but their policy limits will usually not be high enough to cover extensive damages. If you’re involved in an accident with an underinsured driver and your insurance policy contains underinsured motorist coverage, you can make up the difference by filing a claim with your insurer.
There are certain limits to underinsured motorist coverage that you need to know. First, your insurer will only cover the amount uncovered by the uninsured driver’s policy. So, if your accident results in $25,000 worth of damages and the other driver’s policy only covers $10,000, you will only be eligible to receive $15,000 from your insurer, even if your policy limit is higher. Second, the total amount of your policy must be more than your underinsured coverage.
Complications of the Claims Process
The claims process for accidents involving uninsured and underinsured drivers is very similar. The only differences are related to when you file your claim with your insurer.
You will most likely know the other driver has no insurance at the accident scene, which will allow you to follow a claim right away. This is important because insurance companies often have a filing deadline of no more than 30 days. With accidents involving underinsured drivers, you may not know they lack adequate coverage until much later on. To make sure you can file a claim, you must be vigilant about getting insurance information from the other driver.
During the claims process, your insurer will fully investigate your case and then will determine how much in damages you will be able to receive. If you disagree with this amount, you will need to enter into arbitration. Since the insurance company will have their lawyer present during arbitration, you should make sure to hire a car accident lawyer to represent you.
Ask a Car Accident Lawyer for Help
If you’re looking for legal help after being hit by a driver with no insurance, you need to contact a car accident lawyer. Robert White, Attorney at Law and his legal team at Childs, Bishop & White, PC, are ready to help you with your car accident case. We can assist with your claim and tell you your options for filing a personal injury lawsuit.
Ask Robert White about your car accident case today.