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What Does It Mean for a Driver to be Uninsured or Underinsured?
Car accidents can be stressful because the resulting injuries and damage can be costly. The law stipulates that you can recover compensation from the at-fault driver to cover the losses, but what happens if the driver at fault is uninsured or underinsured? Your chances of obtaining compensation may be slim, but all hope is not lost.
Lawyers from a Lafayette law firm explain that an uninsured driver lacks auto insurance coverage, despite the law requiring all drivers to carry it. On the contrary, an underinsured driver has auto insurance coverage, but it’s not enough to cover the full extent of your damages.
Sadly, more such drivers are on the road than you might know. If you get into an accident with one of them, you may quickly discover how complicated it can be to get the compensation you deserve. However, skilled car accident attorneys in Lafayette can provide legal insights to help you navigate the nuances and protect your rights.
What Are the Legal Steps to Take After an Accident with an Uninsured or Underinsured Driver?
Taking the necessary steps after a collision with an uninsured or underinsured motorist can put you in a better position to navigate your insurance claim. It can also enhance your chances of recovering compensation from the relevant insurance company:
- Call 911 for help if there are injuries to anyone involved in the accident
- Don’t leave the accident scene without calling law enforcers, even if the injuries or damage seem minor
- Gather as much information as possible at the accident scene. Take photos of the injuries and damages to your car, the other vehicle involved, and the surrounding area. Collect the other driver’s information, such as their name, contact information, driver’s license number, and auto insurance details.
- File an insurance claim: If the other driver has no motor insurance or is underinsured, you can file a compensation claim with your insurance company. Lafayette car accident lawyers say some other options can provide compensation for your injuries and medical bills.
How Can I File a Claim with My Insurance Company?
Before filing a claim, you must review your auto insurance policy to determine the terms. You may have the following options:
Applying Your Uninsured or Underinsured Motorist (UM) Coverage
You can pursue an uninsured motorist claim with your insurer if you have this coverage. The settlement will help you cover medical bills, lost wages, and pain and suffering. The law requires drivers to have UM coverage as part of their policy, unless you opted out of it in writing, it’s probably part of your auto insurance coverage.
The process of filing a UM claim entails many steps similar to a regular accident claim:
- Notify your insurer as soon as possible after the accident
- Submit the relevant documentation, like medical bills, police report, photos, and wage loss records
- Cooperate with your adjuster during the assessment and investigation
- Negotiate a settlement but avoid accepting the initial offer without evaluating your rights and the full extent of your injuries.
It would help to have skilled legal representation by experienced Lafayette car accident lawyers who can fight to protect your rights. They understand how the system works and can leverage their knowledge to ensure you receive a fair settlement.
File a Claim Under Personal Injury Protection
You could file a claim with your insurance company if you have personal injury protection (PIP). You may also have some other form of no-fault coverage that could help you and your passengers pay for medical bills and meet other expenses related to losing the ability to work due to the injuries.
What if Both Drivers Are Uninsured?
If neither you nor the other driver has motor insurance, the financial responsibility for damages and medical expenses would fall on the responsible party. You could bring a lawsuit against the uninsured driver, but the process can be complex. Even if you win the case in court, the driver may not have enough personal assets or income to pay a judgment.
However, depending on the case specifics, your case could have more than one at-fault party from whom you could receive compensation. For example, the accident could have happened because of poor road conditions, such as potholes or malfunctioning road lights. In such a case, the municipal government could be held liable for your damages, and you could file a claim.
Before pursuing legal action, experienced car accident lawyers in Lafayette could evaluate your case to determine whether a lawsuit is worth your time, the involved expenses, and the emotional toll. They can also help you build a strong compensation claim and help you fight for what you deserve. If negotiations fail, your legal experts can help you file a lawsuit and guide you accordingly.
Navigating an Accident with an Uninsured Driver with the Help of a Skilled Car Accident Attorney
Pursuing compensation for an accident caused by an uninsured or underinsured driver can be complicated. Even if you file a claim with your insurance company, it may try to shortchange you. Besides, collecting a settlement from the at-fault party may be difficult even if you win the case, especially if they have limited assets.
Skilled Lafayette car accident lawyers at The Law Office of Tony Morrow can work with you to help you navigate these challenges. We want you to focus on healing and recovery as we handle the legal matters related to your accident. Our legal team can evaluate your case specifics, investigate the crash, communicate with the relevant insurance providers, and help you explore various legal options to help you recover compensation. Call us at 337-201-9222 to schedule a consultation.
