After a car accident, drivers commonly expect the at-fault driver’s automobile insurance to address property damage and injury claims. The situation can become more complicated when the responsible driver has no insurance or does not have enough coverage.
Exactly what happens next depends heavily on the insurance policies involved and the laws of the jurisdiction where the accident occurred. Still, there are several general concepts that accident victims should understand. If you have been involved in a crash with an uninsured or underinsured driver, a car accident lawyer can help you understand how the available insurance coverage may affect your claim and what options you may have.
Confirm the Insurance Situation
A driver may say at the accident scene that there is no insurance, but that statement should not necessarily be treated as the final answer.
Insurance information should still be collected whenever possible. The insurer can then be contacted to determine whether a policy was in effect on the date of the accident.
In some situations, questions may arise about the vehicle owner’s insurance, the driver’s insurance, or other potentially applicable policies.
Uninsured Motorist Coverage
Many automobile insurance policies include uninsured motorist coverage, and some jurisdictions require certain forms of it.
This coverage is generally designed to provide protection when an insured person is injured by a driver who lacks applicable liability insurance.
The precise scope of uninsured motorist coverage varies. Policy language, coverage limits, local insurance laws, and the circumstances of the accident can all matter.
Underinsured Drivers Present a Different Problem
A driver can technically have insurance but still lack enough coverage to address the losses caused by a serious accident.
Underinsured motorist coverage may apply in some situations where the responsible driver’s liability coverage is insufficient.
Uninsured and underinsured motorist coverage are related concepts, but they are not necessarily interchangeable. The requirements for making a claim can differ depending on the policy and jurisdiction.
Your Own Policy May Be Important
People sometimes assume that their own automobile insurance is irrelevant when another driver caused the crash.
That is not always true.
Depending on the policy and applicable law, a person’s own coverage may address certain medical expenses, vehicle damage, uninsured or underinsured motorist claims, or other losses.
This is one reason it can be useful to obtain a complete copy of the applicable insurance policy rather than relying only on the insurance identification card.
Report the Accident Promptly
Insurance policies frequently contain requirements concerning notice of an accident or claim.
The specific deadlines and obligations vary, but waiting unnecessarily can create complications.
A driver who learns that the other motorist may be uninsured should consider notifying the appropriate insurance carrier promptly and accurately describing what occurred.
Continue Documenting the Accident
The absence of insurance does not make evidence less important.
Photographs, witness information, medical records, repair estimates, police or accident reports, and other documentation may still be needed to establish how the collision occurred and what losses resulted.
Evidence can become particularly important when an uninsured motorist claim requires the injured person to establish that another driver was legally responsible.
Can the Uninsured Driver Be Personally Responsible?
A driver who causes an accident may potentially be personally responsible for resulting losses even if that driver lacks insurance.
However, obtaining a judgment and actually collecting money are different issues. A person without automobile insurance may also have limited financial resources.
The practical options available depend on the individual circumstances.
Hit-and-Run Accidents Can Raise Similar Questions
Uninsured motorist coverage may also become relevant in certain hit-and-run accidents where the responsible driver cannot be identified.
Requirements vary significantly by jurisdiction and policy. Reporting requirements, proof of the accident, and other conditions may apply.
Review the Actual Coverage
Insurance terminology can be confusing, particularly after a serious collision. The team at Isaacson, Schiowitz & Korson, LLP notes that one of the most useful steps is simply determining what insurance policies and coverage actually exist before making assumptions about available options.
Declarations pages can provide an overview of coverage and limits, while the full policy contains the detailed terms, exclusions, and conditions.
The Bottom Line
Discovering that another driver is uninsured can be frustrating, but it does not necessarily mean there are no insurance options available.
The next steps may include confirming the other driver’s coverage, reviewing applicable policies, providing timely notice, and preserving evidence concerning the collision and resulting losses.
Because automobile insurance rules vary considerably across the country, the specific rights and procedures depend on the jurisdiction and the language of the policies involved.
