What is an uninsured motorist case?
A car accident with someone who has no insurance is considered an uninsured motorist case. An uninsured motorist case can arise in many ways. Maybe the person who hit you showed an insurance card to the police officer, but did not pay their premium so their insurance was canceled. Maybe the person driving the car which caused the accident was an excluded driver. We have even handled cases where the insurance company for the at fault driver went bankrupt. No matter how it happens, if there is no insurance to cover your [medical bills and lost wages], you have an uninsured motorist case.
Your insurance company will take the place of the uninsured motorist
Many people believe that if they are in an accident with an uninsured motorist, they are unable to make a recovery. This is untrue. Your insurance company steps into the shoes of the uninsured motorist. As such, your insurance company is responsible for not only your medical bills and lost wages but also your pain and suffering as well as other damages caused by the uninsured motorist. But, do not expect that your insurance company will fairly compensate you simply because they are [your insurance company]. You should contact an attorney familiar with uninsured motorist cases to protect your interests.
What does uninsured motorist insurance cover?
Uninsured motorist insurance covers many circumstances If you are in an accident with an uninsured motorist or a hit and run vehicle, your uninsured motorist insurance will cover your claim. Most people think of uninsured motorist cases as involving two or more vehicles, your car and the uninsured motorist’s car. But uninsured motorist insurance covers many other circumstances.
Uninsured motorist insurance covers you if you are a pedestrian.
We represent many clients who are hit while they are pedestrians. It is common for a car to hit a pedestrian and then flee the scene. This becomes a hit and run accident. If you have your own car insurance and you are hit by an uninsured motorist, your insurance company will cover your injuries.
Uninsured motorist insurance covers you, your children and any family member living with you.
Even though the car insurance may be in your name, uninsured motorist coverage is much broader than you may think. Uninsured motorist insurance covers not only you, but any family member residing in your household. The reason for this is apparent from the following example. If your young son or daughter is hit by an uninsured motorist, they are not old enough to have their own car insurance which would cover them. Provided they live with you, your car insurance will provide uninsured motorist coverage to him or her. However, insurance policies do not limit uninsured motorist coverage to children. Insurance policies cover any family member living with you. To discuss whether uninsured motorist insurance applies to you or your family members, contact us for a free consultation.
Uninsured motorist insurance covers your family even if you cause the accident.
Unfortunately, sometimes an accident can be your fault. To make matters worse, your accident may cause a family member to sustain injuries and incur medical bills or lost wages. Your insurance company will point to the “Family Member Exclusion” in your insurance policy which states they will not compensate a family member if the accident is your fault. You may assume that there is no recovery for your family members [based on what your insurance company may tell you]. While the exclusion is valid, your family members now have an uninsured motorist claim. Insurance companies will not tell you this since their job is to save money, not pay claims. If you or your family members have been denied by an insurance company, contact us to see if we can help make a recovery.
What is a hit & run motorist case?
When someone causes an accident and flees the scene, or gives you fraudulent identification, you will have a hit and run case. A hit and run case is treated similarly to an uninsured motorist case. Many times, our clients or witnesses are able to get a license plate of the car which caused the accident. While this can be important, it is not necessary in order to present a claim for damages in a hit and run accident.
What should I do in a hit and run accident?
Like all accidents, you should properly document your accident. In a hit and run accident, you must make a police report within 24 hours. Failure to do so will likely result in your uninsured motorist claim being denied by your insurance company. If you have a license plate, allow the police to do their job. If they are able to identify the car, they will do so. You should also contact an attorney familiar with hit and run and uninsured motorist cases.
Your insurance company will take the place of the hit and run motorist
Many people believe that if they are in a hit and run accident, they are unable to make a recovery. This is untrue. Your insurance company steps into the shoes of the hit and run vehicle. As such, your insurance company is responsible for not only your medical bills and lost wages but also your pain and suffering as well as other damages caused by the hit and run vehicle. But, do not expect that your insurance company will fairly compensate you simply because they are your insurance company.
To protect your legal rights, call David today at 800-322-5529 for a FREE consultation.