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What Happens When The Responsible Party Has No Insurance

Front End Damage From A Car Accident Stock Photo

No matter their level of severity, car accidents are always stressful, and this accident is only compounded when the other driver is uninsured. When you’ve been hit by a driver without car insurance, it can leave you wondering exactly how you will pay for your car repair and possible medical bills.

Fortunately, when you’ve been hit by an uninsured driver, you have several legal options, including filing a personal injury lawsuit to get the compensation that you deserve. Learn how you can pay for your accident after being hit by an uninsured driver and find out when you should call a South Carolina car accident lawyer.

Coverage for Uninsured Drivers

If you’re involved in a car accident and the other driver does not carry auto insurance, your first, best option is to file an uninsured driver claim against your own insurance. Most insurance policies offer some sort of coverage for uninsured drivers, and submitting a claim with your insurance may be easier and more expedient than filing a court case.

However, for your insurance policy to cover your accident, the uninsured driver must clearly be at fault. If you contributed to the accident, you might have trouble receiving your claim.

Accidents Involving Underinsured Drivers

Slightly more complicated than accidents involving uninsured drivers are accidents that are caused by underinsured drivers. When a driver is underinsured, it means the limits of their coverage are too low to cover your damages, which means you submit a claim for the remaining damages with your own insurer. However, there are certain limits to underinsured motorist coverage.

First, for your claim to be successful, your underinsured coverage must be a greater amount than the other driver’s insurance. So, if the other driver’s policy has a $50,000 limit, your underinsured coverage must be more than $50,000 for you to be able to submit a claim.

Second, your claim amount can only be as much as is needed to make-up for the other driver’s lack of coverage. If your coverage is $100,000, the other driver’s is $50,000 and you’ve experienced $75,000 worth of damages, the maximum claim you can receive from your insurer is $25,000.

Lastly, to be eligible to submit a claim, your underinsured coverage must be less than the total limits of your policy. If your underinsured, or uninsured, coverage amounts to $100,000, your total policy must be more than $100,000 before you can file a claim.

The Claims Process

The main difference between an uninsured claim and an underinsured claim is a matter of timing. When you’re hit by a driver with no insurance, you will usually know right away. This is why you should always file an uninsured claim immediately after your accident has occurred. Typically, you won’t learn that a driver is underinsured until you’ve submitted a claim with their insurance.

However, once a claim has been submitted, the process for both uninsured and underinsured accidents are basically the same. After a claim is filed, your insurer will examine the facts of your case, including medical and accident reports, and what level of compensation you will be entitled to.

One thing you need to understand is that underinsured and uninsured accident claims differ from standard claims in that you waive the right to sue your insurer if you disagree on your claim amount. Instead, you will have to go through the arbitration process. If your case claim does end up going into arbitration, make sure to hire a car accident lawyer so that your interests are represented.

Get Advice from a South Carolina Car Accident Lawyer

If you’ve filed an uninsured or underinsured claim with your insurance company and still don’t have the compensation you need, then you may need to file a personal injury lawsuit. Get advice about your accident and the possibility of a lawsuit by working with a car accident lawyer from Harris and Graves, Person Injury Attorneys.

Our legal team is experienced with uninsured car accident cases and we can advise you on the best way to get your needed compensation. Contact us today.