In a perfect world, every driver would carry adequate insurance coverage. Unfortunately, this is not always the case. The Insurance Research Council reports that about 14% of drivers in the United States are uninsured. And even for those with insurance, many do not have enough coverage to compensate you for the damages they’ve caused fully.
As a driver, you may wonder what happens if you get into an accident with an uninsured or underinsured motorist. Can you still seek compensation? The short answer is yes, but it may be more complex than dealing with a driver with proper insurance coverage. In this article, we’ll explore your options for seeking compensation from an uninsured or underinsured motorist.
Understanding Uninsured and Underinsured Motorist Coverage
Before diving into the specifics of seeking compensation, it’s important to understand what is considered an uninsured or underinsured motorist.
- Uninsured Motorist: This refers to a driver who does not have any insurance coverage at all.
- Underinsured Motorist: This refers to a driver who has insurance coverage, but the amount is not enough to fully compensate for damages in case of an accident.
At first glance, being involved in an accident with an uninsured or underinsured motorist might seem hopeless. You might worry about how you’ll cover medical expenses, vehicle repairs, and other associated costs. However, the good news is that you may already have coverage to protect yourself. Many insurance policies offer Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage as part of their standard packages. This type of coverage is designed to handle such scenarios, ensuring you still have a financial safety net even if the at-fault driver lacks adequate insurance.
Seeking Compensation from Your Own Insurance Company
In a typical car accident claim, you would file a claim against the at-fault party’s insurance provider to cover your damages. However, when dealing with an uninsured or underinsured motorist, this option is not viable because the other driver either lacks sufficient insurance or has none at all.
Therefore, your first action should be to file a claim with your insurance company. Keep in mind that they will only cover damages up to the limit specified in your policy. So, if the costs exceed this limit, you may need to seek compensation through other means.
It’s also important to note that insurance companies are businesses, and their only prerogative is to minimize costs. So, even with your insurer, you may face challenges in receiving the compensation you deserve. It’s always a good idea to consult with a skilled injury attorney who can help negotiate with the insurance company on your behalf.
Pursuing Legal Action
If filing a claim through your insurance company is not enough to cover all your damages, you may need to pursue legal action against the at-fault driver. This can be more difficult when dealing with an uninsured or underinsured motorist, as they likely do not have the financial resources to pay for damages out of pocket.
In this case, it’s important to consider all possible avenues for seeking compensation. This may include going after the driver’s assets or even filing a lawsuit against them. Your attorney can go over your options with you and recommend a best course of action.
Final Thoughts
Being involved in an accident with an uninsured or underinsured motorist is frustrating. However, it’s important to remember that you still have options for seeking compensation. By understanding your insurance coverage, working closely with your insurer, and potentially pursuing legal action, you can increase your chances of receiving the full compensation you need to recover from the accident.
If an uninsured or underinsured driver has injured you, don’t hesitate to reach out to Clark Frost Zucchi. Our experienced attorneys are here to help you file your claim and guide you through every step of the process. You don’t have to face this alone.
