What to Do When the Driver That Hit You Is Uninsured or Underinsured


When you get into a car accident that is not your fault, it is normal to assume that the other drivers insurance will cover all the damages. Unfortunately, it's possible that the other driver is either uninsured or underinsured. Here is what you need to know about both situations.

Uninsured Drivers

Your first instinct when another driver is uninsured may be to sue them for the damages. The reality of the situation is that they probably do not have the money to pay for your damages, which is why they are most likely driving without insurance in the first place. Suing the other drive may be a waste of time and money trying to get money you will never be able to collect.

Your own car insurance should have coverage for uninsured motorists, but only if you bought a big enough policy to cover your damages.

Underinsured Drivers

The other driver that hit you may have insurance, but the problem is that they do not have the insurance policy to cover all of the damages they caused. In this situation, you would need to file a claim with the other driver's insurance policy up to their limit, and second claim with your own insurance policy for the remainder.

For example, your total damages from a car accident were $100,000, and the driver that hit you only has $50,000 worth of coverage. Meanwhile, you have underinsured driver coverage up to $125,000. $50,000 of the claim would be towards the other driver's insurance policy to reach their policy limit, and the remaining $50,000 would be towards your underinsured driver coverage. Even though your own coverage for underinsured drivers would cover all of the damage, you must first max out the other driver's policy.

Issues with Filing Your Insurance Claims

The problem you will run into when filing any major claim for an auto accident is not immediately knowing how much damage was caused. Estimating future medical bills can be difficult, and there are often time limits on when claims need to be submitted.

Working with an auto accident lawyer for your auto accident claim can help speed the processes along. You may run into issues where your own insurance company does not agree on the amount of damages you sustained and not want to pay what the other driver didn't cover. A lawyer will help you come up with a valuation for your damages, and represent you in court to help fight for the compensation you deserve. 

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