There are many car collisions that happen on a day to day basis, and having an insurance can be a sense of relief when you know that they will most likely step in and help pay for the damages and injuries, either a portion of it, or all of it. Although, it can sometimes be denied. Often times, the other driver may not even be carrying a valid insurance, or not have a quality insurance that will pay the costs of the damages entirely. Also, when there is no driver to be seen such as a hit and run, what happens then? Below will be explained what are some options that can be taken if these circumstances were to happen.
Driver’s Coverage Through Underinsured and Uninsured
The driver who is insured will have to negotiate with their own insurance company in order to cover the costs of their damagers that were done by the uninsured driver. Insurers have an option to purchase uninsured motorist coverage. This type of insurance will protect the insurer from those who do not have insurance and end up getting into a car accident with them, assuming they were the one’s liable.
Some states require for this insurance to be purchased, while others just offer it. The specifics of this insurance are typically not being able exceed the standard liability coverage of the person. If the driver has a $50,000 standard liability coverage, then their uninsured coverage cannot go over $50,000 limit.
Many drivers take the risk and drive without insurance across the Unites States, although it is mandatory to have on vehicles that are registered. Purchasing this insurance is a great option of protection against those who do not have insurance.
Underinsured motorist coverage from a motorcycle accident is the same concept as uninsured coverage. The driver would have to pay the difference of what the insurance company will not pay due to having an underinsured coverage. In most states this coverage is not required, but they do give the option to be able to purchase it.
Insurance companies do have a statute of limitations for these of coverages when wanting to file a claim. Typically, the time is as few as 30 days. Acting immediately is vital with these cases.
This is another coverage that can be purchased additional to a driver’s standard policy. This policy will pay for the property damage to the car by a driver who was uninsured, or if it was a hit-and-run situation. It doesn’t cover any physical damages, just property damages.
Applying A Lawsuit
Living in a no-fault or tort negligence state is what determines if someone is able to file a lawsuit against an uninsured driver. In a no-fault state, filing a lawsuit is based off the amount of damages received. Only if the damages and injuries were severe can the driver be sued, if not the claim must be made through their own insurance companies. This is applied to no matter who caused the accident.
Contrasting to the traditional way, where a driver is able to file lawsuit for all damages and injuries that was caused by the uninsured driver. Although all evidence may be compiled and show that the uninsured driver was negligent, a person might not be able to be compensated because the award is coming from the uninsured or underinsured pockets and they might not have the means to.
If the accident caused a driver to get severely wounded and suffer significant loss by an uninsured driver, then their best bet is to consult with a personal injury lawyer at the Percy Martinez law office. Most insurance companies will not cover the full amount of damages.
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