According to a study by the Insurance Information Institute, one in eight motorists were uninsured in 2015. Though this statistic may sound surprising, the truth is that many drivers on the road don’t have adequate coverage and can’t pay for damages they cause in a crash. Although, there are still options in some cases for people who have been hit by an uninsured motorist.
Uninsured Motorist Coverage
The first line of defense against uninsured motorists is under/uninsured motorist coverage that many insurance companies offer. As the name suggests, if you have uninsured motorist coverage or underinsured motorist coverage, your insurance company should cover the damage caused by an uninsured motorist. Be aware that even this method of covering damages may have complications. For example, your insurance company may offer a lower settlement if its adjusters believe you suffered less damage than you actually did, which is why it’s crucial to collect documentation of a crash and its damages as soon as you can and to hire an experienced attorney to represent you. An experienced personal injury lawyer will help you to collect all of the money you are owed from the insurance company even if it is through your uninsured motorist coverage..
If You Don’t Have Uninsured Motorist Coverage
There still might be a chance that you can recover damages from the other motorist or his insurance company, even if that company claims they don’t cover damages in this case. The motorist’s insurance might say that the crash wasn’t covered, but you should never accept an oral representation from an insurance company. Here again, having an experienced personal injury lawyer representing you may make all the difference. Your attorney will negotiate with the insurance company and ask for an explanation as to why it will not cover the damages in the crash. If your attorney can demonstrate that coverage does exist, the adjuster may retract his earlier representation and admit they do cover damages.
If you don’t have uninsured motorist coverage and the driver who hit you simply doesn’t have the insurance to pay you, there may be very little you can do. While the driver may be liable, if he doesn’t have any assets or income, you may not be able to recover any money. After all, if the driver can’t afford insurance, then it’s likely that they don’t have many assets that you can use to cover damages.
Notwithstanding the above, it is always possible that a creative personal injury attorney may be able to find a third party who is able to cover your damages. Possibilities include the vehicle or parts manufacturer if a part was defective and caused the accident or exacerbated your injuries. Another example is the Government if the road was defective. In addition, sometimes the other driver’s employer could be liable for your injuries.