What happens after an uninsured collision?

| Mar 31, 2021 | Blog, Car Accidents

Accidents on roads in Oklahoma could lead to a totaled vehicle and a hospital stay for both drivers and passengers. Filing a liability claim against the responsible party’s auto insurance may allow for recovering losses through a settlement. Unfortunately, not everyone carries an auto insurance policy. When involved in an accident with a driver with no insurance or too little coverage, the injured party could explore a different insurance claims path.

Filing an uninsured motorist claim

When someone does not have auto insurance and causes an accident, the injured party may turn to their own policy and file a claim under the underinsured or uninsured motorist provision. Such coverage protects clients against those driving without liability protection. The insurance company likely will want proof that the other party lacked insurance. Getting the name and contact information of the other person may help establish this fact.

Contacting the police might work in someone’s favor when filing a claim. The police report could include any information about the at-fault driver not carrying insurance. The report might also detail how the other person was negligent. Insurance companies could look closely at the evidence pointing to who was at fault for the accident since fault will guide the claim. It’s important to note that a driver who caused an accident and hit an uninsured motorist would not be able to file an uninsured motorist claim since the uninsured motorist wasn’t at fault in that particular incident. Evidence counts for a lot when filing claims.

Points about lawsuits and uninsured motorists

Insurance only pays out to its limits. Those carrying uninsured motorist coverage can’t file a claim beyond the maximum, so it might be advisable to determine if raising the limits makes sense. If you get into an accident when the limits are too low, suing beyond those limits may be an option.

Often, someone who does not carry auto liability insurance has few assets. Making assumptions about what someone possesses, however, could be a drastic mistake after a car accident occurs. Allowing an attorney to review the feasibility of filing a suit might be worthwhile.

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