If you are involved in a car crash with an uninsured or underinsured driver, it can be particularly challenging, leaving you unsure of how to recover compensation for your injuries and damages. Many people believe they need comprehensive coverage to pay for those damages. However, if you have uninsured or underinsured insurance coverage, this can provide compensation, even if the other driver does not have insurance, or it can make up the difference when the other driver’s coverage is insufficient.
Uninsured/underinsured car accidents in Elsmere are not only legally challenging, but they can also be painful, confusing, and financially devastating. The idea of handling these claims can be overwhelming, but help is available. At Doroshow, Pasquale, Krawitz, & Bhaya, our car accident lawyers know how to handle these cases to help you get the compensation you deserve.
Challenges of Uninsured and Underinsured Car Crashes
When an Elsmere driver has insufficient insurance coverage, you may struggle to obtain compensation for your injuries. Sometimes, uninsured drivers have accidentally allowed their insurance to lapse, but often, they chose to stop paying their premiums or even lost their coverage after other crashes. You may be out of luck in getting any damages from uninsured at-fault drivers unless you have uninsured motorist coverage—or were a passenger in a car where the driver had such coverage.
Underinsured drivers have insurance, but it is typically insufficient to cover someone else’s damages. The minimum liability insurance coverage amounts may cover minor injuries and some damage in less severe crashes. However, it is rarely enough to cover extended hospital stays or long-term loss of earnings. All drivers should have underinsured motorist coverage policies to protect them in the event of a crash.
Sometimes, you will not know the insurance status of the other driver. In hit-and-run crashes, the at-fault driver flees the scene. The police rarely find such drivers and may not spend much time looking for them unless the wreck resulted in a fatality. Fortunately, uninsured motorist coverage applies to hit-and-run crashes.
Who Pays for Damages in an Uninsured or Underinsured Crash?
When the other driver is uninsured or underinsured, one of the easiest ways to get compensation after a crash is by relying on your own uninsured or underinsured motorist coverage. However, even if you do not have such coverage, you may still be able to get the damages you need to pay for your injuries.
Some at-fault drivers may not have insurance coverage, but may have assets that can pay for the damages. This may seem counterintuitive because many people assume that anyone with financial resources will have insurance. However, financial need is not the only reason people drive without insurance, so it is worthwhile for a legal team to investigate the wrongdoer’s assets.
In an Elsmere uninsured or underinsured motorist wreck, there is always the possibility of third-party liability. If a defective roadway, vehicle malfunction, or another third party contributed to the crash, additional claims may be possible.
What To Do After a Wreck With an Uninsured Motorist
You should take the same steps after a wreck with an uninsured motorist as you would after other crashes in Elsmere:
- Get medical attention
- Call law enforcement
- Collect evidence
- Do not admit fault
However, some of these steps are even more important under these circumstances. When the other driver cannot provide proof of insurance, you should get their contact information. Instead of simply believing the other driver, you should ask to see their driver’s license to get proof of identification. You should also ask for additional identifying information, such as their phone number and employer.
Additionally, when the other driver is uninsured, it is critical that you contact the police. Driving without insurance is against the law, and the police can investigate the wrongdoer for other criminal activities, which can be helpful when you are seeking compensation.
Get Help From an Elsmere Lawyer After an Uninsured or Underinsured Car Crash
Handling the aftermath of a car crash is always frustrating and can be complicated and time-consuming. The process only gets more complicated when one of the drivers is not insured or does not have enough insurance. At Doroshow, Pasquale, Krawitz, & Bhaya, our lawyers have experience dealing with uninsured/underinsured car accidents in Elsmere. We can help you get the compensation you deserve, so schedule a consultation to find out more.