What should I do if the other driver doesn’t have insurance or enough insurance?

Maintaining valid car insurance is required by law in all 50 states in the union. While each state has different requirements about what kind of insurance is necessary and how much is required, penalties for not carrying car insurance are steep regardless of where you are. That’s because, in case of accidents or other emergencies, having car insurance can help expedite the claims process. If both parties in a car accident have insurance policies, cases are much easier to handle.

But if a driver who doesn’t have insurance, or doesn’t have adequate insurance to cover the damages hits you, the claim can get very complicated very quickly. If you’re in an accident caused by an individual who doesn’t have insurance at all, but you do, you can submit a claim for uninsured motorist benefits. This claim would be processed through your own insurance company, based on coverage that you had purchased in your own policy.

If the individual had an insufficient insurance policy to compensate you for damages or your injuries, you would submit a claim for underinsured motorist benefits. This would also be done through your own insurance company as you seek additional compensation. In both of these cases, you had previously purchased the benefits. The amount of coverage you have is determined by the amount of liability coverage that you purchased at the time that you obtained your policy.

If you don’t have uninsured/underinsured benefits in your policy, or they aren’t sufficient to reimburse you for injuries and damages, you have a third option. You can file a lawsuit against the other driver. This is only an option if 1) you live in at fault state (any states other than Florida, Michigan, New Jersey, New York, Pennsylvania, Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota, and Utah) and 2) the other driver is responsible for causing the accident. During the proceedings, the court will determine the fault of the accident and also what damages must be paid and to whom.

If you were involved in an accident with an uninsured or underinsured motorist, you are probably confused about what you should do. If you need assistance figuring out how to handle your case, we may be able to help. At Berger and Green, we have been helping our clients get the damages and compensation they deserve for forty years. Give us a call today at 1-800-999-2626. We would be happy to talk to you.