Uninsured Motorist Accident
Every state requires drivers to carry minimum coverage for liability insurance, but unfortunately, millions of people don’t comply with this law. What happens when a driver who doesn’t have car insurance hits you? The answer is that uninsured motorist insurance would provide you with the coverage you need. This would also apply if you were the victim of a hit-and-run accident.
Different Types of Uninsured Motorist Insurance
There are two main types of uninsured motorist coverage you can buy, including:
- Uninsured Motorist Bodily Injury – This covers all injuries you suffer when a driver who doesn’t carry insurance hits you. More than half the states in the U.S. require all drivers to carry this coverage.
- Uninsured Motorist Property Damage – This covers all damage to your car when a driver who doesn’t carry insurance hits you. It also covers other property such as a house, a fence or personal items in your vehicle like a mobile phone.
Uninsured motorist insurance covers you, your family members, anyone who has permission to drive your vehicle, and any passengers in your car at the time of the accident.
What Losses Are Covered By Uninsured Motorist Accident Insurance?
Uninsured motorist insurance is designed to cover most of the same losses that the other driver’s insurance company would have covered. These losses include:
- Medical Expenses – This includes expenses for an ambulance, paramedics, emergency room service, X-rays, MRIs, dental visits, and prescriptions.
- Lost Wages – If the injury you suffered in the accident is serious enough to prevent you from going to work, your uninsured motorist coverage will reimburse you for the wages you would have earned. This also includes the loss of future wages if the injury you suffered causes permanent disability.
- Pain and Suffering – This includes the psychological and emotional effects of the accident as determined by evidence your lawyer presents to your insurance company.
However, uninsured motorist coverage will not pay for any punitive damages, unless your insurance company acts in bad faith and intentionally mishandles your claim. If that occurs, you can file suit against your insurer for punitive damages.
What Factors Could Cause Your Insurance Company To Deny An Uninsured Motorist Claim?
It’s important to remember that when you file an uninsured motorist accident claim, you are essentially acting as a third party against your own insurance company. This means that your insurance company may look for ways to limit or eliminate its liability, and one of the most common ways that happens is if you were at fault in any way for the accident.
In some states, if you are found to have contributed even slightly to the accident, you won’t receive any coverage at all under your uninsured motorist insurance policy.
In other states, your coverage amount would be determined by the percentage in which you contributed to the accident. For example, if your insurance company finds that you were 30 percent at fault, it would only pay for 70 percent of your damages up to your coverage limits.
But if your insurance company finds you to be at fault for an accident, and you think it has acted improperly, you can hire a lawyer to represent your interests.
Protect Yourself By Hiring An Experienced Lawyer
Filing an uninsured motorist accident claim is not always simple, and in some instances you will have to treat your own insurance company as the enemy if they fail to live up to their word. Please call the Law Offices of Duane O. King to ensure that you protect all your rights in these claims, and get the coverage you deserve.