What Happens If the Responsible Party is Uninsured or Underinsured?

What Happens If the Responsible Party is Uninsured or Underinsured?

‍

When involved in an accident, discovering that the at-fault party is uninsured or underinsured can be a challenging situation. Here’s a breakdown of what happens and how you can protect yourself.

‍

Uninsured vs. Underinsured Drivers

‍

Uninsured Drivers: These are individuals who do not carry any auto insurance, despite legal requirements in most states.

Underinsured Drivers: These drivers have insurance, but their coverage limits are insufficient to cover the damages or medical expenses resulting from the accident.

‍

Steps to Take After an Accident

‍

1. File a Claim: If the responsible party is uninsured or underinsured, you can file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage if you have purchased this option.
2. Notify Your Insurer: Inform your insurance company as soon as possible about your intent to file a UM/UIM claim. Provide all necessary documentation, including the police report and evidence of damages.
3. Comparative Negligence: In some states, like New Jersey, your ability to collect damages may depend on your degree of fault in the accident. Your insurer may reduce your settlement based on your percentage of liability.

‍

Benefits of UM/UIM Coverage

‍

UM/UIM coverage provides financial protection in situations involving uninsured or underinsured drivers. It typically covers:

‍

Medical expenses and lost wages due to bodily injury.

Repair or replacement costs for your vehicle.

Pain and suffering costs in some cases.

‍

Challenges in Filing Claims

‍

If the at-fault driver’s insurer denies responsibility, or if their policyholder refuses to cooperate, you may face delays or complications when seeking compensation1.

In hit-and-run accidents, UM coverage may also apply if the responsible driver cannot be identified3.

‍

Legal Assistance

‍

Navigating insurance claims can be complex, especially when dealing with uninsured or underinsured drivers. If you need help with this issue, contact Hall & Dixon, PLLC for expert legal guidance. Their experienced attorneys can assist you in securing the compensation you deserve.

‍

For assistance, reach out to Hall & Dixon at:

‍

Address: 725 E. Trade Street Suite 115 Charlotte, NC 28202

Phone: (704) 993-6825

‍

This article should inform readers that if they need help with this issue, they can contact Hall & Dixon for professional support.

‍

Read: Can You File a Wrongful Death Claim for a Workplace Accident?