I was seriously injured in an auto accident and the other driver has no insurance or only a minimum amount of coverage? What are my options?
The first thing you should always do to protect yourself is to contact your own insurance company and make sure you give them all of the information about the accident, including the name and contact information for the other party. Once you have established that the other driver has either no insurance at all (either because they never purchased any or because it lapsed or expired), or is very minimally insured, you will want to make a claim with your own insurance company.
Keep in mind, however, that not everyone has uninsured and underinsured motorist coverage on their policy. You are always better off purchasing this coverage, but it’s not a legal requirement to purchase it in every state. If you do have underinsured motorist coverage on your policy, and the other driver has minimum limits, the usual requirements are that you settle your case with the other driver’s insurance company for their policy limits first, and then, if there are still damages that remain unpaid, you make a claim with your own insurance company for the balance. If there is no insurance at all, your insurance company may require a signed statement or form from the uninsured driver stating that he or she has no insurance. Then you may make a claim with your own company for all of your damages.
Uninsured and underinsured coverage may put you at odds with your own insurance company, especially if you disagree on whose fault the accident was, and the extent of your injuries. Keep in mind that the amount of money your company may pay you could be further reduced if you had any fault in the accident, even a small percentage. These claims can sometimes get complicated and therefore should not be something you do on your own. Talk with an attorney with experience in uninsured and underinsured motorist cases and let them handle it for you. |
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