Motorists are legally required to carry current and valid insurance in order to drive, but that doesn’t mean every person on the road abides by these regulations. Some people have lost their license or can’t get insured following a drunk driving arrest, but they still make the choice to get behind the wheel and drive to their destination. Not only is this dangerous, it can cause a bunch of headaches if you are involved in an accident with an uninsured driver. At Hey Workers, we can help mitigate those headaches and get you the compensation you deserve. We explain how below.
Injured By An Uninsured Motorist
One of the biggest reasons why you want to carry car insurance is because it can actually protect you in the event that you are injured by another driver who is not carrying insurance. For starters, your own insurance’s Personal Injury Protection will provide compensation for your medical bills, lost wages and related expenses up to $4,000. If you don’t exceed this threshold, then you shouldn’t have a major issue, but it’s easy to see how expenses can add up in a hurry and you can top $4,000 in expenses.
If that’s the case, you are going to want to file an Uninsured Motorist/Underinsured Motorist claim. This is actually something that is offered by your auto insurance carrier for just such occasions. This includes documenting your medical bills and lost wages, completing independent medical exams, proving liability and putting a value to your injury claim. All of this is much easier with the assistance of a professional injury lawyer who can ensure everything is documented and completed in order to allow you to pursue the largest possible claim.
All drivers who carry automobile insurance are required to have uninsured motorist coverage, so it should come standard with your policy. However, there are three main circumstances that must be met in order to file a UM claim through your own insurance provider:
- Damages must exceed $4,000
- The other driver must not have insurance or be unidentifiable (hit and run)
- The other driver must be legally responsible for your damages
If you can prove all three of these factors, your insurance company is legally required to pay your claim. Same goes for if the other driver is underinsured and does not have enough coverage to pay for the totality of your injuries, although your claim would be based on the difference between their maximum coverage and the maximum coverage allowed under your policy.
It may seem easy to prove the three above factors, but the other party and your insurance company will try to limit their liability, and they usually try to do this by limiting their fault rating after the accident. If you were partially at fault for the accident, that can significantly lower your award amount. It doesn’t disqualify you from an award, but don’t let the courts tag you with a higher than true fault percentage, because that will eat into your earnings potential. The best way to do this is by hiring a lawyer, so if you’ve been injured in an accident and need to file an uninsured or underinsured motorist claim, reach out to the experienced lawyers at Hey Workers today.
