When an uninsured or underinsured driver causes a car accident, you may need to turn to your own insurance for compensation. Uninsured/underinsured motorist coverage can sometimes cover medical expenses, lost wages, and other damages, collision coverage may help pay for vehicle repairs, and personal injury protection may cover certain medical expenses.
Your exact options depend on the policies involved, the damages, and whether the at-fault driver has assets to cover the losses. To learn more about what happens when an uninsured or underinsured driver causes a car accident, and to get help with your claim, contact Adam Smallow Injury Lawyers today.
Navigate This Page
- What if the Other Driver’s Insurance Is Insufficient?
- The Mechanisms of Uninsured and Underinsured Motorist Coverage
- Can You Recover Compensation From Your Own Insurance Company?
- Available Compensation After an Accident With an Uninsured or Underinsured Driver
- What if You Do Not Have Uninsured or Underinsured Motorist Coverage?
- Critical Steps To Take Immediately at the Scene
- Get Legal Help After a Car Accident With an Uninsured or Underinsured Driver
What if the Other Driver’s Insurance Is Insufficient?
The first line of defense for coverage after a car accident is the at-fault driver’s insurance. However, if their policy limits are too low to cover your medical bills, lost wages, and other damages, you may need to consider other options. Underinsured motorist coverage might help pay the remaining costs, depending on your policy terms and coverage limits.
If the at-fault driver’s insurance does not pay for all of your losses, your underinsured motorist coverage can step in to cover the difference. For example, if your damages total $100,000 and the other driver’s policy covers $50,000, your own insurance might cover the remaining amount.
How much you can recover depends on your total damages, the other driver’s policy limits, and the coverage you carry. Check your policy to see if you have underinsured motorist coverage and how much protection it provides.
The Mechanisms of Uninsured and Underinsured Motorist Coverage
Uninsured motorist coverage is designed to cover injuries caused by a driver with no auto insurance. It may also apply in hit-and-run cases, depending on the policy and state law.
Underinsured motorist coverage helps pay for injuries when the at-fault driver has insurance, but their policy limits are too low to cover your damages. Overall, the primary difference between these two types is whether the at-fault driver has insurance or not.
Can You Recover Compensation From Your Own Insurance Company?
You may be able to recover compensation from your own insurance company if the at-fault driver lacks enough coverage to pay for your losses.
UM & UIM
Uninsured motorist coverage could pay for qualifying injuries caused by a driver without insurance, while underinsured motorist coverage can help when the other driver’s policy limits fall short. Depending on your policy and state law, uninsured motorist property damage coverage can also help pay for vehicle repairs.
Personal Health Insurance
Your health insurance may cover certain medical bills that auto insurance does not. However, you may still have to pay deductibles or copays, and some treatments may not be covered. Depending on your plan and applicable law, your health insurer may also seek repayment from your settlement.
PIP & MedPay
Personal injury protection pays for certain medical expenses and may cover part of your lost wages, where this coverage is available. MedPay can also help pay eligible medical bills for you and your passengers, regardless of who caused the accident.
Collision Coverage
If you carry collision coverage, your insurer may pay for vehicle repairs, but subtract your deductible. After that, they will likely seek reimbursement from the at-fault driver or their insurance company.
Available Compensation After an Accident With an Uninsured or Underinsured Driver
When applicable, both uninsured and underinsured motorist coverage can compensate you for damages you sustain in a car accident.
Uninsured Motorist Coverage
After a car accident, you can seek compensation from your uninsured motorist coverage for the following:Â
- Medical expenses: Emergency care, hospital stays, medication, and rehabilitation
- Lost wages: Income lost during recovery and reduced future earning capacity
- Pain and suffering: Physical pain and emotional distress, where covered
- Permanent injuries: Lasting disabilities and reduced quality of life, where covered
- Vehicle damage: Repairs or replacements if uninsured motorist property damage coverage applies
Underinsured Motorist Coverage
If you’ve been injured in a car accident and the driver who was at fault was underinsured, you are entitled to pursue compensation from your underinsured motorist coverage for the following:Â
- Unpaid medical expenses: Eligible costs that exceed the at-fault driver’s policy limits
- Lost wages: Income losses and reduced earning capacity
- Pain and suffering: Compensation for covered physical and emotional harm
- Future damages: Anticipated medical care and other losses related to lasting injuries
- Remaining covered losses: Eligible damages not fully paid by the at-fault driver
What if You Do Not Have Uninsured or Underinsured Motorist Coverage?
If you do not have uninsured or underinsured motorist coverage, you can still pursue compensation directly from the at-fault driver by filing a claim against their personal assets or by suing them. This allows you to seek damages such as medical expenses, lost wages, and pain and suffering. However, even if you win, recovery may be limited if they lack sufficient assets.
What To Consider Before Filing a Lawsuit
Before filing a personal injury lawsuit, ask yourself these questions to assess whether your claim is strong enough to win:
- Can you prove the other driver was at fault? Consider available evidence to support your claim.
- How much are your damages? Calculate medical bills, lost wages, and other expenses.
- Can the driver afford to pay? Consider whether they have income or assets to cover your damages.
- Do you have other insurance options? Review additional sources of coverage, such as MedPay and collision coverage.
- What is your filing deadline? Check your state’s statute of limitations for personal injury lawsuits.
To fully understand your legal avenues, review your policies and consult a car accident attorney.
Get on the road to recovery with competent legal representation and high-quality medical professionals. Contact our Maryland personal injury lawyer today.
Critical Steps To Take Immediately at the Scene
After an accident with an uninsured driver, you can take steps to protect your safety and preserve evidence for an insurance claim. These include:
- Check for injuries: Call 911 and move to safety if possible
- Seek medical care: Get checked and keep records of treatment
- Call the police: Request an official accident report
- Exchange information: Collect the driver’s contact and insurance details
- Take photos: Document vehicle damage, injuries, and road conditions
- Get witness contacts: Record names and phone numbers
- Avoid admitting fault: Stick to the facts when discussing the accident
- Notify your insurer: Report the accident promptly
We strongly recommend speaking with an attorney before providing insurers with a statement. Our car accident lawyers can review your case details and clearly explain your options.
Get Legal Help After a Car Accident With an Uninsured or Underinsured Driver
If you were injured by an uninsured or underinsured driver, you may still have pathways for recovering compensation. Your own insurance or a claim against the at-fault driver can help cover medical bills, lost wages, and other damages.
Our legal team at Adam Smallow Injury Lawyers can review your coverage, answer your questions, and help you pursue compensation. Contact our law office today at (410) 449-7900 to schedule a free consultation.
