Jane Dotson
Dealing with an uninsured motorist can be a stressful experience, but knowing your options can help you navigate the situation effectively. In the event of an accident with an uninsured driver, it is important to follow standard protocols, such as ensuring the safety of those involved and contacting emergency services if necessary. Exchanging contact information and gathering witness testimonies are also crucial steps. While the aftermath of an accident with an uninsured driver can be complex, understanding the available insurance coverage and legal options can help you protect yourself financially and legally.
| Characteristics | Values |
|---|---|
| What to do if you get into an accident with an uninsured driver | Make sure everyone is safe and contact emergency services if necessary. Contact the authorities and exchange contact information. |
| What is an uninsured motorist | Someone who doesn't carry the minimum mandatory coverage required by law. |
| What is an unidentified driver | Someone who flees the scene of an accident without providing their information. |
| What to do if you get caught driving without insurance | You may have to pay expensive fines, be charged, or get your license taken away. |
| What is uninsured motorist coverage | A type of car insurance that can pay for medical expenses if you or your passengers are injured in an accident caused by an uninsured driver. |
| What does uninsured motorist coverage pay for | Lost wages, pain and suffering compensation, and funeral expenses. In some states, it will also cover car damage. |
| How much does uninsured motorist coverage cost | $136 a year on average. |
| How to buy uninsured motorist coverage | UM is required in some states. In other states, you can reject it in writing, or it might not be offered at all. |
| What if the uninsured motorist is driving an insured vehicle | If the driver has permission from the owner, the insurance policy that runs with the vehicle will extend to the accident. |
What You'll Learn
Uninsured motorist coverage
There are two types of uninsured motorist coverage:
- Uninsured motorist bodily injury coverage: This covers medical bills related to a crash for you and your passengers.
- Uninsured motorist property damage coverage: This pays for damage to your car and other property.
In some states, only UM bodily injury coverage is available. Even if your state does not require UM coverage, it is highly recommended for all drivers, as it can provide valuable protection in the event of an accident with an uninsured driver. Without it, you could be left paying for medical bills and vehicle repairs out of your own pocket.
In addition to UM coverage, you may also want to consider underinsured motorist coverage. This type of coverage kicks in when the at-fault driver has insurance but not enough to fully cover your damages.
Calculating Vehicle Insurance Replacement Value
You may want to see also
Permission to drive
In most states, auto insurance will cover damage to a vehicle regardless of who is driving it. However, it is important to note that insurance companies generally require every driver in the policyholder's household to be listed as a named driver, with the exception of roommates in some cases. Specific individuals can be excluded, but if an excluded driver crashes the car, the insurance company will deny the claim.
If you give an uninsured driver permission to drive your car, your insurance policy will typically cover any damages, but only if the driver has a valid license and permission to drive. This is known as "permissive use". In the case of a non-permissive user, your auto insurance will generally not cover them in a crash, and the non-permissive driver's insurance will be responsible for any damages or injuries they cause.
It is worth noting that some car insurance policies, especially those for high-risk drivers, have "named-driver exclusions", meaning only drivers explicitly listed on the policy are covered. Additionally, some policies have "step-down provisions", which reduce coverage limits and types when a non-listed driver operates the vehicle.
Before lending your vehicle, it is essential to verify that the driver has a valid license and to review your insurance policy to ensure it covers this situation. Reading your insurance policy carefully and contacting your insurance agent to review your policy can help you understand the specifics of your coverage.
Uninsured Motor Vehicle Insurance: What's Covered?
You may want to see also
No-fault car insurance states
In no-fault states, your ability to sue is restricted. You typically cannot sue the other driver unless you suffer serious injuries and/or incur medical bills over a certain amount. However, if the other driver is uninsured, filing a lawsuit may not be effective, as they may not have the assets to pay for your losses.
No-fault insurance is often called Personal Injury Protection, or PIP. As of February 2023, there were 12 "pure" or "true" no-fault insurance states, with Puerto Rico having its own mandatory no-fault insurance requirement. Additionally, some states offer \"choice no-fault insurance", where drivers can choose between a no-fault and a traditional insurance policy. These states include Kentucky, New Jersey, and Pennsylvania.
It's important to note that no-fault insurance laws can change, so it's recommended to check with a local agent to confirm the type of coverage your state requires.
AAA and Salvage Vehicle Insurance
You may want to see also
Collision coverage
If you already have collision coverage and are in an accident with an uninsured motorist who is driving an insured vehicle, you can file a claim with your insurance company to cover the cost of repairs to your vehicle. Be sure to exchange contact and insurance information with the other driver and notify your insurance company as soon as possible after the accident.
If you do not have collision coverage, you may want to consider adding it to your policy, especially if you live in a state where uninsured motorist property damage coverage is not available or included in your base policy. Collision coverage can provide valuable protection in the event of an accident with an uninsured motorist, helping to cover the cost of repairs to your vehicle.
Additionally, if you are the owner of a vehicle, it is your responsibility to ensure that your car is properly insured and that your policy reflects all required licensed drivers and their usage. It is also important to understand the terms of your policy, including any exclusions or limitations, to ensure that you have adequate coverage in the event of an accident with an uninsured motorist.
Insuring Yourself to Drive Hospital Vehicles
You may want to see also
Suing an uninsured driver
Alternatives to a Lawsuit
Before embarking on legal proceedings, it's worth exploring alternative options. If you have uninsured motorist coverage (UIM) as part of your insurance policy, this can help cover your losses. UIM coverage is usually an add-on protection and is only required in a handful of states. It's important to note that UIM coverage typically applies only to your car accident injuries, and you may need separate coverage for repairs or replacement of your vehicle.
Challenges of Suing an Uninsured Driver
- Financial Constraints: The majority of people without insurance don't carry it because they can't afford it. As a result, they may not have the financial means to compensate you, even if you win the lawsuit.
- Time and Cost: Court cases are often time-consuming and expensive. There are court fees, administrative costs, and lawyer fees to consider.
- Dead End: Even if you win the lawsuit and receive a judgment in your favour, there is no guarantee that the uninsured driver will be able or willing to pay. They may simply lack the financial resources to satisfy the judgment.
Steps to Take After an Accident with an Uninsured Driver
If you find yourself in an accident with an uninsured driver, here are some crucial steps to take:
- Stay at the Scene: It is important not to leave the scene of the accident. Call the authorities and emergency services if necessary. File an accident report with the police, and gather evidence such as photos of the scene, your injuries, vehicle damage, etc.
- Seek Medical Attention: Ensure that you seek medical attention as soon as possible, even if your injuries don't seem severe. Some injuries may take time to manifest, and it's important to have a record of your medical condition post-accident.
- Gather Evidence and Information: Collect the contact information of the other driver, including their name, phone number, address, driver's license number, and license plate number. Also, get the details of any eyewitnesses and take photos of the accident scene.
- Contact Your Insurance Company: Notify your insurance provider about the accident, especially if you have uninsured/underinsured motorist coverage. They will guide you through their specific process for dealing with accidents involving uninsured drivers.
- Consult a Lawyer: Consider seeking legal advice from a qualified car accident lawyer. They can help you explore your options, navigate the complexities of insurance claims, and protect your rights.
In summary, while suing an uninsured driver is an option, it's important to weigh the challenges and explore alternative avenues for compensation. Remember to follow the necessary steps after an accident to improve your chances of securing compensation for your injuries and losses.
Vehicle Loss: Insurance Accounting
You may want to see also
Frequently asked questions
An uninsured motorist is someone who doesn't carry the minimum mandatory insurance coverage required by law. Driving without insurance is illegal and can result in serious repercussions.
It is important to follow standard safety protocols after an accident. Ensure everyone involved is safe and contact emergency services if necessary. Exchange contact and vehicle information with the other driver and gather witness testimonies if possible. Contact the authorities if the other driver is uninsured.
Uninsured motorist coverage is a type of insurance that protects you financially in the event of an accident with an uninsured driver. It typically covers medical expenses, lost wages, and property damage. This coverage is usually optional but is required in certain states.
If you don't have uninsured motorist coverage, you may have to rely on your standard auto insurance policy or collision coverage to cover damages. You also have the option to sue the at-fault driver for incurred expenses, but this may be a challenging and time-consuming process.
