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Obtaining Damage Awards from Uninsured Drivers

Obtaining Damage Awards from Uninsured Drivers

If you are injured in a car crash that is someone else's fault, you can file a personal injury lawsuit against the other driver. This allows you to collect compensation to pay for medical expenses, lost wages, repair or replacement of your car, and other accident-related costs. If your lawsuit is successful, the driver's automobile insurer will pay most or all of the money you win. But what happens if the other driver is uninsured or under-insured?

Uninsured & Under-Insured Motorist Coverage

If your automobile insurance policy is like most policies, you may have purchased uninsured and under-insured motorist coverage when you bought your car insurance. This coverage pays you if:

  • You're in an accident that was another driver's fault
  • You incur expenses as a result of the accident, such as injuries or damage to your car
  • The other driver doesn't have any car insurance or doesn't have enough insurance to cover your expenses

Uninsured/under-insured motorist coverage also pays out if you're in an accident caused by a hit and run motorist who leaves the scene before you can exchange insurance information.

Still Need to Sue

Uninsured/under-insured motorist coverage sounds straightforward. But even if you know that the other driver is uninsured or under-insured, state law and your automobile insurance policy may still require you to file a personal injury lawsuit against the other driver.

Once a verdict is reached, your insurance company will pay the claim. (If the other driver is under-insured, then that policy will pay out to its maximum limit before your auto insurance company pays the balance.)

Visit LawyerLocator for more information about automobile accidents or to hire a personal injury lawyer to handle your under-insured or uninsured accident claim.