Automobile Accidents: Uninsured or Underinsured Drivers

When a driver is in an automobile accident with another driver who has insurance with proper coverage, recovery for damages is generally straightforward. However, not every driver carries automobile insurance, which is in violation of state compulsory automobile insurance laws, or has the proper coverage. People do drive vehicles without insurance and are cause an increasing number of accidents each year. When an automobile accident involves an uninsured/underinsured motorist, recovery for damages becomes more difficult. An uninsured motorist refers to a person who is the driver responsible for causing the automobile accident (the at fault driver) and has not insured their vehicle. An underinsured motorist refers to a person who is the driver responsible for causing the automobile accident (the at fault driver) and has insured their vehicle but at limits that are insufficient to cover all of the damages sustained in the automobile accident.

A driver who is involved in a car crash with a driver who has no insurance or has insufficient insurance, then their insurance company would cover the costs if the driver had included uninsured/underinsured motorist coverage in their insurance policy. This covers property damage--such as car repairs, bodily injury--such as medical expenses, and other compensatory damages--such as pain and suffering. Uninsured motorist coverage also comes into play when injuries are sustained due to a hit-and-run automobile accident. Uninsured/underinsured motorist coverage can also be used if a person is hit by a vehicle as a pedestrian.

It is extremely risky to drive without insurance or without proper insurance, so always be sure that your insurance is up to date and covers all of your motor vehicles' needs. If you have proper insurance, then your insurance company should cover the costs of an accident in the case that you are at fault. If the other driver is at fault, then their insurance should pay. However, in the case that the other driver does not have insurance or their insurance isn't sufficient, it is wise to have an insurance plan that covers you even if you are hit by someone without insurance.

Even though a driver has the right to take legal action against an underinsured or uninsured motorist, if their insurance does not cover uninsured/underinsured motorist coverage,they are not guaranteed money because the other person involved in the accident may not have the assets to pay for the judgement. For this reason, having uninsured or underinsured motorist coverage in your insurance policy is a good idea.

If you have suffered injuries from an automobile accident, it is possible that you will have a successful legal case. If you would like to contact a lawyer, please use the Find Attorney button at the top of the page.

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