Do I Need Uninsured/Under Insured Driver Coverage?

The consequences of being hit by an under insured/uninsured driver depend on your state's insurance laws. States are either "no-fault" or "tort" as far as insurance  goes.

In no-fault states, drivers go to their own insurance company for payment after an accident. The question of who is at fault isn't usually even discussed.

In tort states, car insurance companies pay for damages based on who is at fault. So if you're in an accident where the other driver is deemed completely at fault, their company would have to cover all damages — yours and their own.

As you can see, colliding with an uninsured or under insured driver is a simpler matter in a no-fault state: You simply file a claim with your car insurance company and they handle your needs.

However, you might still want to consider uninsured/under insured motorist coverage if you live in a no-fault state due to the extra financial protection it provides.

 For instance, if you're hit and injured in a collision with an uninsured driver, your health insurance will pay your medical bills — but they won't help you with lost wages or pain and suffering compensation, things the other driver's liability policies would normally provide. Thankfully, uninsured/under insured coverage can help.

If the crash happens in a tort state,  you may have to sue for damages — hence the "tort." This can be a costly and stressful process.

Taking into account that an uninsured or under insured driver probably lacks insurance due to limited funds, chances of payment is pretty slim.

Your own policy will of course cover you, but only up to your selected limits. If your limits are too low to cover all costs, you'll have to choose between paying out of pocket or litigating.

Note that some states have "contributory negligence" laws, which mean that insurance companies pay claims based on degree of fault. So if you're deemed to be 21 percent at fault in a collision, your insurance company will pay 21 percent of damages.

In closing, getting that extra coverage may seem like an unnecessary expense at the time, but in the event that you are involved in an accident with an under insured/uninsured motorist, you will be glad you have the coverage should your expenses exceed their coverage.

Check with your Insurance Agent to see if you are fully protected in the event of an accident with an under insured/uninsured motorist.

Personal Injury Case Information

Part 1

Our next couple of blogs will be related to what you can expect during the course of personal injury litigation. We hope this gives you some idea of what you might expect in the course your personal injury case.

I was hurt, someone owes me. Right?

Not necessarily. In order for an individual, company, or their insurance carrier, to be held responsible for an injury, there must be a reason. Usually, that reason is "negligence," which means not being careful for the safety of those around you, more or less. If someone runs a stop sign, and causes an accident, they are negligent, and will be responsible for the damages. If you are a customer in a restaurant, and there is something slippery on the floor, and you slip, fall and hurt yourself, the store owner can be held liable for your injury provided you can prove that the store operator knew there was a hazardous condition and failed to remedy it. However, if you are walking down the street and trip on a crack in the sidewalk you may not be able to sue the city unless you can prove they were grossly negligent. (Gross negligence is a legal concept which means serious carelessness.) These are the conditions that must be met in order to collect a monetary reward for personal injury.

Next?

You were injured, and someone was at fault.  What’s next?  Once responsibility for an injury is proven, the responsible party can be held liable in court for all damages related to your injury. Including payment of medical bills, prescriptions, mileage to and from doctor appointments, wages for lost time at work, as well as future lost wages if you have continuing medical treatment related to the injury. It also includes a monetary award for pain, suffering (physical and or mental,) inconvenience, and any other issues that could be considered for compensation related to the injury.

When to Hire a Personal Injury Attorney

You should strongly consider hiring a personal injury lawyer if:

You sustained serious injuries with possible long-term repercussions.

The other involved driver was uninsured or under-insured.

When there is a dispute as to who is at fault.

You are feeling pressured by the claims adjuster to agree to a quick settlement. Quick usually takes precedent over fair, often leading to hasty decisions and complicated insurance-speak in the settlement agreement.

You don't feel you're being fully compensated for your current and future medical costs resulting from your car accident injury.

These are some of the reason you should consider legal representation in the event of a disputed automobile accident.

Most consultations are free, so it benefits you to check if you have any of the above scenarios to see if an attorney might be able to help your financial position.

If the attorney doesn't think you have a case, they will tell you. The attorney makes no money if you don't win your case so you can feel comfortable discussing your possible options.