What Are My Options If I’m Hit By An Uninsured Motorist?
June 1, 2019 • Car Accidents
Car accidents are going to happen to you at some point, it is a statistical inevitability. Increasingly, it is also statistically inevitable that you will be hit by an uninsured motorist. If you have the bad luck to get into a car accident, you know that insurance will take care of your vehicle and, if necessary, medical treatment. Without insurance, your car accident can lead to many more problems. Whether you are in a fender bender auto accident with an uninsured motorist or a massive accident, you need to take actions. Paying for the damage can be quite difficult.
So what are your options if you are hit by an insurance motorist?
Uninsured Motorist Coverage
If you are in an accident with a driver who does not have car insurance, you will likely have to use your own car insurance to cover your damages. While this will solve the problem in the short term, it can cause an increase in your insurance premiums.
One way you can protect your uninsured motorist (UM) coverage. This coverage protects you when you are involved in an accident with a person who does not have insurance – the catch is that they need to be found at fault for the accident itself.
It is also important to note that this type of insurance coverage is only required in a few states but most states do have the coverage available. Typically, some insurers do not allow you to have uninsured motorist coverage that exceeds the amount of your standard liability. This means that if you have $100,000 in total liability coverage, for example, you cannot carry more than that in uninsured motorist coverage.
Despite the fact that car insurance is mandatory for all registered vehicles in operation, there are many, many drivers that do not have insurance so you need to protect yourself.
Underinsured Motorist Coverage
Very similar to uninsured motorist coverage, underinsured motorist coverage will pay for damages that have been sustained in an accident where the other driver has insurance, but it is not enough to pay for your damages. This is quite common in cases where there are significant damages to your person. Once again, underinsured motorist coverage is not required in all states, but it is offered in almost every state. It will help to cover the difference between the driver’s coverage and the amount that you need.
Many states have fairly technical laws that require an injured person to provide their own UIM carrier with various documentation before you can settle with the insurance carrier for the at-fault driver. Failure to comply with these requirements will forfeit your right to make a claim for UIM benefits, even though you have paid for that coverage. As such, you should always consult with an experienced personal injury lawyer before settling any part of your claim.
Of course, you can also add collision coverage at an extra cost. Collision coverage will pay the cost of repairing damage to your vehicle in the case of an uninsured driver or a hit and run accident. However, you need to keep in mind that collision coverage will not help with medical treatment.
Filing a Lawsuit Against An Uninsured Driver
If you have been involved in a car accident with an uninsured driver, you may be able to file a lawsuit depending on the circumstances. It is best to talk with a lawyer about your options to determine what steps to take next.
Traditionally, you have to prove that the other driver was at fault for the accident. This isn’t impossible, but it is important to have a trained Omaha car accident lawyer who has experience in handling these kinds of cases.
Need An Auto Accident Lawyer? Contact Matthew Miller Today
If you have sustained a serious injury as a result of an auto accident, it can be extremely life-altering, especially if you were injured by a car that did not have adequate insurance coverage or any insurance at all. Even so, if you were injured in an accident, you do have a right to fight for the compensation that you deserve. If you are suffering after an accident, contacting an auto accident attorney in Nebraska with experience can help to overcome your struggles and come away with the compensation you deserve and your peace of mind. Call us now at (402) 558-4900.