What to Do If You’re Hit by an Uninsured or Underinsured Driver
Car accidents are stressful enough without the added complication of dealing with an uninsured or underinsured driver. When you're involved in an accident with a driver who doesn't have enough coverage to pay for your damages, you may find yourself wondering how to proceed.
The process of recovering compensation for your injuries and damages becomes much more complicated, but it is not impossible.
At the Law Office of Shabbick & Stehle, based in Bethlehem and Palmerton, Pennsylvania, we’re dedicated to helping our clients manage personal injury claims, especially in situations involving uninsured or underinsured drivers.
Serving Lehigh, Northampton, and Carbon Counties, we help clients understand their options, even when facing these challenges. We’re here to guide you every step of the way.
What You Need to Know About Uninsured and Underinsured Motorist Coverage
The first step to managing a car accident with an uninsured or underinsured driver is understanding what these terms mean. In many cases, your own insurance may be your best source of recovery.
Uninsured Motorist (UM) coverage: This type of coverage applies when the driver who hits you doesn’t have any car insurance at all. If you’re in a state that requires uninsured motorist coverage, your own insurance policy can step in to cover your medical expenses, lost wages, and pain and suffering.
Underinsured Motorist (UIM) coverage: If the driver who hits you has insurance, but their policy limits are too low to cover the full extent of your damages, underinsured motorist coverage can help make up the difference. This allows you to recover compensation for the remaining costs that exceed the other driver’s coverage.
While UM and UIM coverage can be incredibly helpful, it’s essential to know whether your policy includes these options and if they are sufficient to cover your needs. If not, it’s important to take the necessary steps to make sure you’re fully protected.
What to Do Immediately After a Car Accident with an Uninsured or Underinsured Driver
The steps you take immediately after an accident involving an uninsured or underinsured driver are crucial for your ability to recover compensation. Here’s a breakdown of what to do after the accident:
Check for injuries: First, make sure you and anyone else involved in the accident are safe. Call 911 if necessary and get medical assistance immediately.
Gather information: If possible, collect information from the other driver. This includes their name, contact details, vehicle registration, and insurance details. However, if the driver is uninsured or underinsured, they may not have valid insurance information to provide.
Document the scene: Take photos of the car accident scene, your vehicle, any damage, and your injuries. Also, document any road conditions, traffic signals, or other contributing factors.
File a police report: Always file one, especially if the other driver is uninsured or underinsured. The report can serve as crucial evidence when filing a claim with your insurance company.
Contact your insurance company: Report the accident, even if the other driver is uninsured. Your insurer may need to assess the damage and determine whether your uninsured or underinsured motorist coverage can cover your losses.
By following these steps, you set the foundation for recovering compensation through either your insurance policy or through legal action. Always take the proper steps to protect yourself, both medically and legally.
Filing a Claim with Your Insurance Company
If an uninsured or underinsured driver hits you, your first point of contact will be your own insurance company. Here’s how to approach the claim process:
Contact your insurer promptly: After the accident, you should contact your insurance provider as soon as possible. Notify them about the details of the car accident and the other driver’s lack of adequate coverage. Your insurer will begin the claims process to determine whether your uninsured or underinsured motorist coverage applies.
File a claim under your UM or UIM coverage: If you have the right type of coverage, your insurer can help you recover compensation for your medical expenses, lost wages, and other damages. It’s important to be thorough when filing the claim, providing all the necessary documentation and information to support your case.
Cooperate with your insurance company: During the claims process, you’ll likely be asked to provide additional information or documents. Be sure to respond promptly and provide any necessary details. Keep in mind that your insurer is working on your behalf, but their goal is also to minimize the payout, so be vigilant and proactive.
In some cases, your insurer may offer a settlement. If this offer doesn’t fully cover your expenses, you may need to negotiate or take further legal action. This is why having a knowledgeable attorney by your side can help you manage these tricky situations.
What Happens If Your Insurance Company Denies Your Claim?
Sometimes, insurance companies will deny claims, even when you have valid uninsured or underinsured motorist coverage. This can happen for a variety of reasons, including disputes over the extent of your injuries, the amount of coverage, or the determination of fault in the car accident. If your insurer denies your claim, here are your options:
Appeal the decision: If your claim is denied, you can request an appeal. This involves providing additional documentation, medical records, or other evidence to prove that the denial was incorrect. Your attorney can help you gather the evidence needed for a successful appeal.
Seek legal advice: If the appeal process doesn’t lead to a satisfactory outcome, or if you’re unsure about how to proceed, contacting a personal injury attorney can help. A lawyer experienced in car accidents can assess your case, review your insurance policy, and help you manage the appeals process.
File a lawsuit: If you’re unable to resolve the issue through your insurance company, filing a lawsuit may be an option. You could pursue a case against the at-fault driver if they are identifiable and assets are available for recovery. However, this can be complicated if the driver is uninsured, so it's essential to consult with an attorney first.
Your attorney can work with your insurance company to try and secure a fair settlement. If that isn’t possible, taking legal action might be the best option.
Legal Options If the Other Driver Is Uninsured or Underinsured
In some cases, uninsured or underinsured motorists may not have enough assets to pay for your damages, or they may not be traceable. Here’s what you can do if filing a claim with your insurance after a car accident isn’t enough:
File a personal injury lawsuit: If the other driver is identifiable and has assets, you can file a lawsuit against them for damages. Even if the driver is uninsured, you may still be able to recover compensation by pursuing their personal assets.
Explore other options: In some cases, if the driver is uninsured or underinsured and has no assets, there may be limited legal recourse. Your attorney can help explore other options, such as suing any third parties involved or looking into state compensation programs.
Pursuing a lawsuit or other options can help make sure you are compensated for the full extent of your injuries and damages, even if the at-fault driver is uninsured or underinsured.
Pursue the Compensation You Deserve
If an uninsured or underinsured driver has hit you, the Law Office of Shabbick & Stehle is here to help you understand your rights and recover compensation for your injuries.
Based in Bethlehem and Palmerton, Pennsylvania, and serving Lehigh, Northampton, and Carbon Counties, our firm has the experience and knowledge to guide you through the complexities of personal injury claims. Contact us today to discuss your car accident case and learn how we can help.