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But what happens when you suffer a personal injury caused by a motorist who doesn’t have car insurance, or whose insurance is not sufficient to pay for you the damages you are legally entitled to recover?
Does that mean you can’t file a claim at all?
The answer is that you will have to use the uninsured/underinsured coverage on your insurance policy.
Let’s take a look at how this process works.
What Is Uninsured Coverage In a Personal Injury Claim?
Let’s say Driver A hits your car after running a stop sign. When the police come, Driver A admits to not having car insurance.
The moment you discover this fact, you must call your own insurance company to file an uninsured motorist claim. This coverage kicks in when another motorist who doesn’t carry insurance hits you or if you are involved in a hit and run accident, where the other driver is unidentified.
It should cover you for your property damage less a deductible, your out of pocket medical bills not covered by other insurance, lost wages if you are unable to work, and your pain and suffering due to your personal injury if you are legally entitled to recover damages.
If you make a claim against your insurance company, then they may subrogate against the uninsured driver hoping that they can recoup what they paid you for your damages, and you would be required to cooperate if needed in that potential lawsuit.
What Is Underinsured Coverage In a Personal Injury Claim?
Using the same example previously mentioned, imagine that Driver A hits your car after running a stop sign, and you learn that the driver’s insurance is not sufficient to reasonably compensate you for you damages.
You could file a claim with your own insurance company under the provisions of underinsured motorist coverage. Your insurance company would make up the difference between what the at-fault driver’s insurance pays, and what is left over to fairly compensate you for your damages.
If you wish to pursue an underinsured motorist claim, please remember that before settling with Driver A’s insurance, you must obtain legal consent from your own insurance carrier to preserve their subrogation rights.
Why a Lawyer Matters
Regardless of the type of personal injury accident you suffer, it is important that you hire a law firm that not only has experience, but also has success in winning claims and jury trials. A competent and experienced attorney like the team at Rosner Law Offices, P.C. can help you if you have any trouble with your insurance company about filing an uninsured or underinsured claim.
In some instances, your insurance company may dispute the extent of your injuries and refuse to pay your claim at all. At Rosner Law Offices, P.C., PC, our motto is that we fight for you and your rights, which means we will pursue your claim to the fullest extent of the law. Please call us today at (856) 502-1655 for a free consultation.