A car accident grows even more complicated when an uninsured driver causes it. Dealing with insurance claims and legal matters can be overwhelming, but there are steps you can take to protect your rights and ensure you receive the compensation you deserve.
You never have control over who you are in an accident with when you are on the road. The hope is that the other driver has followed state law and purchased a car insurance policy to cover any damages they cause.
Preferably, the other driver bought more than a bare-bones car insurance policy with the minimum coverage. The insurance coverage available to pay for your injuries will determine your compensation.
If the other driver lacked insurance entirely, you still have options that can result in compensation for your damages.
Even though you can file a claim against your insurance coverage, it is challenging. Anytime you deal with insurance companies, they place their financial interests above yours. You may still look at a complicated claims process before recovering the entire amount of money you deserve.
You should hire a Vero Beach car accident attorney anytime you have suffered an injury in a crash.
An experienced lawyer has the toughness and know-how to stand up for your legal rights. They can tell the insurance company “no” on your behalf when it is taking a course of action that is not right.
If you do not have a car accident lawyer, get a free initial consultation to speak with one.
All Motorists Need to Purchase Car Insurance to Drive
Every state's laws require drivers to have insurance before they get behind the wheel of a car. They must show proof of insurance if a police officer requests it or they are in a crash.
After a car accident, you will generally exchange contact information, driver’s license numbers, and insurance information with the other driver. In some cases, the other driver may not have had car insurance or fled the accident scene before you got their contact and insurance information.
Some Drivers Break the Law and Do Not Buy Insurance
According to the Insurance Research Council, roughly 14 percent of drivers nationwide are uninsured, and the rate may be even higher in areas where insurance costs more.
In general, car insurance prices have skyrocketed in the past several years. Reports show that insurance premiums have increased by as much as 50 percent in some areas. The high costs may mean some drivers let their policies lapse because they fail to pay the premium when it is due.
Other drivers may have trouble getting car insurance because of their record, and they may not want to pay the increased premiums that result from their dangerous driving.
Finally, some drivers may think they will never be in an accident, so they will not spend the money to get car insurance. Since driving without insurance is not an offense that results in jail time, many motorists will take the chance.
You are the one who ends up paying the price for their cavalier attitude about compliance with the law.
You Can Still Obtain Compensation for Your Car Accident Injuries
The fact that the other driver does not have insurance does not mean you will not receive compensation for your car accident claim. The driver is still personally liable for your damages. However, chances are that a motorist who does not spend the money necessary on car insurance does not have the assets to cover your payment if you win a judgment.
Most often, you are looking at filing a claim against your car insurance policy to receive compensation for your accident.
Every state requires that car insurance companies offer you the right to purchase uninsured motorist coverage. Some even require that insurance companies include it as part of your policy. Hopefully, you erred on the side of caution and purchased more than the minimum amount of underinsured motorist coverage.
You never know who you will be in an accident with, and you cannot control the actions of other drivers. Being conservative means spending more money than the bare minimum on your car insurance coverage.
Your insurance company will enter the picture if you were in an uninsured motorist accident or a hit-and-run. Instead of filing a claim against the other driver’s policy, you seek money from your insurance company. It owes you money like the other driver’s insurance company would under the same circumstances.
You Still Need to Prove Fault to Get Compensation
You do not automatically have the legal right to financial compensation solely because you were in an accident with an uninsured driver. It does not matter if the driver left the accident scene.
Like any other car accident, you still must prove that you deserve a settlement check for your injuries, and you will do this by showing that the other driver involved in the accident was negligent.
In any personal injury case, negligence means that you can show that the other driver acted unreasonably under the circumstances. You must prove they did something an ordinary driver would not have done.
For example, an average driver does not rear-end a car in front of them or change lanes without thoroughly checking their blind spots. The reasonable driver allows enough distance between vehicles and stops in time to avoid a rear-end car accident.
You still bear the burden of proving legal liability in a car accident claim, even when filing a claim against your insurance policy.
If you do not have evidence showing that someone else was to blame for the accident or you were to blame yourself for what happened, you will not qualify for a settlement check.
Your car accident attorney must gather evidence about the accident to include with your claim to show that the other driver was negligent.
You May Have Difficulties Dealing With Your Insurance Company
You should never make the mistake of thinking that the insurance company is “your own.” Every insurance company operates by the same principles, and it does not matter that you have been a loyal and paying customer for a long time.
You may think you have earned that loyalty back from the insurance company, but it is far from the case.
Insurance companies only care about themselves and want to protect their accounts whenever possible. It does not matter to them that you are their customer. They only see that you have filed a claim, which can result in them having to pay money.
Accordingly, they will fall back on the same tactics that insurance companies always use, including:
- Unreasonably denying your claim, even though you have presented evidence of liability
- Trying to partially blame you for the accident, which can result in a smaller settlement check or none at all
- Making you low settlement offers that do not reflect the full value of your claim
Getting the full compensation you deserve from any insurance company almost always requires a heavy lift. An experienced car accident attorney is tenacious and knowledgeable enough to handle it.
Why You Need a Car Accident Lawyer for an Uninsured Motorist Case
You need a car accident lawyer, even when dealing with your insurance company. A car accident attorney acts to protect your interests and to work to ensure that you get a settlement check that fully pays you for your injuries.
Your car accident attorney will:
- Investigate the cause of the accident and gather evidence that you can include with your claim to show that the other driver was at fault.
- Try to locate the other driver if they fled the accident scene. It is best to file the primary claim against their insurance policy and rely on your underinsured motorist coverage as a backup - you cannot always rely on law enforcement to conduct the most extensive investigation, and their interests may not align with yours.
- Review your circumstances so they can quantify your damages and help you learn the value of your case.
- File a claim against your insurance policy on your behalf.
- Negotiate a settlement that fairly pays you for your injuries.
You may need to go back and forth with your insurance company before settling a claim. If it accepts liability in your case, it will likely make you a settlement offer, and you can expect that it is lower than the actual value of your claim.
Your car accident lawyer will advise you on whether you should accept a settlement, and if the offer is too low, your car accident lawyer will recommend that you reject it and hold out for more money.
An attorney can effectively negotiate with the insurance company on your behalf. Insurance companies are notorious for offering low settlement amounts, especially in cases involving uninsured drivers.
With an attorney by your side, you have someone who understands the tactics employed by insurance adjusters and can fight to secure a fair settlement. If you cannot reach a fair settlement offer, your attorney can also represent you in court and advocate for your rights before a judge or jury.
Your Damages in an Uninsured Motorist Case
Your case's value depends on the amount of uninsured motorist coverage you have and your specific circumstances.
Generally, you have the legal right to get paid for both your economic and non-economic losses that include:
- Lost earnings
- Property damage
- Medical expenses
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
You must negotiate to get the full compensation that you deserve. The claims process involves extensive back-and-forth with the insurance company, and you may have to reject one or more offers for less than the value of your case.
You May Have to Sue Your Own Insurance Company for Bad Faith
There is a key difference in your claim when you file it against your own insurance company as opposed to dealing with that of the other driver. When you file a third-party insurance claim, arguing that the insurance company acted in bad faith is challenging. You may only file this lawsuit under limited circumstances.
When dealing with your insurance company, you are a first-party claimant. Then, your insurance company owes you specific duties, including acting in good faith. If it does anything that is bad faith, you can file a lawsuit against it directly.
Bad faith insurance company practices include:
- Unreasonably denying your claim when you have presented sound evidence that shows the driver was liable
- Unreasonably delaying the claims process, including a failure to respond to your claim within a normal amount of time
- Misrepresenting the terms of your policy when they respond to your claim as a way of denying it entirely
- Failing to reasonably investigate your claim before they give you a response about liability
If you file and win a bad faith lawsuit against the insurance company, it must pay you damages directly. The insurance company may have caused you harm by unreasonably denying or delaying your claim, and you can even obtain punitive damages if you win your case at trial.
Always contact a Vero Beach personal injury lawyer after any crash, no matter where you expect to file your claim. You need the help of someone who knows the system and can stand up to the insurance company on your behalf. You may even need to sue your insurance company for compensation.
Filing a claim for a car accident involving an uninsured driver is not a task you should undertake alone. By hiring an attorney, you gain access to their experience, knowledge of the law, and negotiation skills. They will act as your trusted advocate, protecting your rights and helping you handle the often complex world of insurance claims.
With their assistance, you can have the peace of mind that you are doing everything possible to maximize your chances of receiving the compensation you deserve.