There are a few occasions where you can sue your own insurance provider. The first is when the driver who caused the accident does not have any insurance. According to the Texas Department of Motor Vehicles, one out of every five drivers, or 20%, does not carry liability insurance. If you are hit by an uninsured driver, your next step is to file a claim with your own insurance provider. This is also true if you are involved in a hit-and-run accident and are unable to locate the other driver. Because uninsured/underinsured coverage is an optional insurance that must be purchased, I strongly advise everyone to check their policies to ensure they have enough of it.
Is it worth suing an uninsured motorist?
Even if the other driver involved in the collision is uninsured or underinsured, you usually have the ability to bring a vehicle accident lawsuit following an accident.
In most cases, however, suing for damages is not worth the bother. The most common cause for driving without appropriate insurance is a lack of financial resources. Suits against those people are rarely worth pursuing. A lawsuit cannot force a defendant to pay money he or she does not have.
Can you get pain and suffering from uninsured motorist?
If you obtained uninsured or underinsured motorist coverage, your lawyer would advise you to file a claim with your insurance company to unlock the policy.
Underinsured and uninsured motorist coverage often covers the following expenses:
- Medical bills (those not already paid by PIP or the insurance company of the other party)
Will Uninsured or Underinsured Motorist Coverage Pay for Pain and Suffering?
Yes, you can sue your underinsured policy for damages for pain and suffering. Your insurance coverage, however, is restricted to the amount of your policy. As a result, if your underinsured motorist coverage is only $50,000, your policy will only pay out that amount for your entire damages (including pain and suffering).
UIM Claims Are Quite Complicated
Do not attempt to register a UIM claim on your own. Following an accident, you must notify your insurance carrier as soon as possible. Otherwise, you risk losing any advantages later if you need to use UIM coverage, and using UIM benefits is a difficult process.
It’s possible that your insurance company has concealed deadlines for filing UIM claims. That is why it is critical that you hire an attorney who has handled not only vehicle accident cases but also UIM claims.
The Challenge of Getting Your Insurer to Accept Your UIM Claim
Unfortunately, you won’t know the other motorist is underinsured until you’ve filed a claim, gone through the investigation, and the insurer has informed you of the claim’s maximum payout.
Your insurer imposes deadlines for approving UIM claims, which makes getting the money you need even more difficult.
One approach to prevent missing the deadline is to notify your insurance company that you will most likely need to use underinsured motorist policy. It’s a reservation, not a claim, that you’ve made. So that if you do need to petition for reimbursement later, you haven’t exceeded your insurer’s time limit.
Can uninsured motorist be sued?
You could recover everything you need, only a portion of what you need to compensate your damages, or nothing at all if you sue the at-fault driver. However, the lawsuit is always worthwhile since you never know what the at-fault driver has until you know them personally, and even then, you may just think you know what they have.
When an At-Fault Driver Has Nothing
Never presume that the at-fault motorist is completely devoid of assets. The motorist may have assets, such as a home, vehicles, jewelry, retirement accounts, and other valuable items, even if they do not have enough cash to compensate your damages.
If not, and the court determines that the driver is liable for damages, the court might order the driver to pay the damages. You can put a lien on the valued asset to cover the judgment amount or at least a portion of it if the driver ever buys something of value, such as a home.
When the At-Fault Driver Has Partial Insurance
You could file a claim against your underinsured motorist coverage if the driver has some insurance but not enough to cover your damages. You could sue the defendant if the sum received from both insurance plans is insufficient. Once the court rules in your favor, you may be able to place a lien on the defendant’s assets, just as you could with an uninsured driver.
Bankruptcy
You may not be able to recover anything if the defendant declares bankruptcy after the court issues a judgment against them. You have the option of filing a claim in bankruptcy court. A debtor must include your claim in the Chapter 13 plan if the defendant files for Chapter 13. If the debtor/defendant files Chapter 7, which is a liquidation bankruptcy, you may not receive anything unless they have a few assets and your judgment is towards the top of the list of who is paid when the debtor’s assets are sold by the bankruptcy trustee.
Can I claim against an uninsured driver?
All motorists who use their vehicles on UK roads must have legal insurance, according to the law. This legal obligation means that if a road traffic collision occurs, an insurance company must be present to pay for any damage or loss caused by the policyholder.
However, one out of every 38 automobiles in the UK was expected to be driven without insurance in 2016. So, what if you’re hurt in a car accident and the other driver isn’t covered by insurance? Is it still possible to file a claim for compensation?
In theory, the law permits you to seek compensation directly from the other motorist if they were at fault. Compensation claims, on the other hand, can often involve substantial quantities of money – especially if serious injuries have occurred. Bringing a compensation claim against an individual is frequently unrealistic because most people do not have that type of money on hand.
Fortunately, you can file a claim with the Motor Insurers’ Bureau if you were involved in a car accident with an uninsured driver that was not your fault.
The MIB is a non-profit organization set up and sponsored by motor insurers to handle claims that aren’t directed to a recognised insurer. This applies to circumstances in which:
The MIB and the UK government have reached an agreement to compensate victims of such accusations.
This may lead you to believe that the other motorist ‘gets away with it.’ After all, if the MIB compensates you and the other driver is uninsured, the financial impact on that driver will not even be enough to raise premiums. This isn’t the case at all. The MIB may pursue the uninsured driver for reimbursement of their expenses. Even if they don’t, the MIB maintains a database of uninsured automobiles for whatever reason. They share this information with law enforcement, assisting in the prosecution of uninsured drivers and the removal of uninsured vehicles from the road.
You do not need to hire a solicitor to file a claim with the MIB. Claims, on the other hand, might be just as intricate as ‘normal’ personal injury claims.
As a result, you need hire a qualified counsel to represent you. With their knowledge and expertise, our skilled team of solicitors can guide you through your claim. We have successfully handled a number of uninsured driver compensation cases, all of which were handled under a No Win, No Fee agreement.
You can always change your solicitors if you already have another firm representing you and they are not giving you with the service you deserve. If you are unsure of your legal representation’ ability, transferring your case to Truth Legal will ensure that you have experienced personal injury solicitors working on your case.
Personal injury claims against the MIB are very similar to other types of personal injury cases. The law remains the same: you must show that the uninsured motorist owed you a duty of care, that they failed to meet the duty’s requirements, and that this resulted in your injuries.
Just because the MIB is engaged does not mean they will automatically accept that the uninsured driver was at fault. They will undertake their own investigations and will contest your compensation claim if the MIB does not believe the uninsured driver is to blame for the collision.
Truth Legal’s specialized representation can make all the difference in this situation. We will vigorously defend your case and do everything possible to obtain the money you deserve.
You can still make a claim for other losses besides your injuries, just like you do with other personal injury claims. Here are a few of the most typical types of losses:
An MIB claim differs from a personal injury claim against an insurance provider in a few ways.
- Reporting the accident to the police Although it is not essential for an uninsured driver claim, it is a good idea to do so. If the other driver refuses to disclose their insurance information, this is also a criminal offense that should be reported to the authorities.
- Establishing that the other motorist is uninsured – Truth Legal can assist with this by looking up the vehicle’s registration in insurance databases. Investigations will be carried out by the MIB as well.
As your claim progresses, your insurance information or the name of a responsible insurance company may be uncovered. If this occurs, your claim will be forwarded to the appropriate insurance company, and your claim against the MIB will be terminated.
All personal injury claims are subject to legal time constraints. These rules also apply to claims submitted to the MIB. If you have been harmed in an accident caused by an uninsured driver, you must file a claim within three years of the date of the accident. If you don’t, it’s likely that you won’t be able to file a claim for compensation.
No Win, No Fee Agreements frequently mean that if your claim is unsuccessful, you won’t have to worry about paying our fees, albeit there will almost certainly be a deduction from your compensation to cover legal fees. This includes cases in which the MIB denies your claim.
If the accident was not your fault, Truth Legal will usually handle your case on a No Win, No Fee basis.
If we are successful in obtaining compensation for you, a portion of your compensation amount as well as the MIB will cover our fees. This is how most No Win, No Fee arrangements work.
If you have any questions about how your claim will be supported, we will be happy to answer them. Before we begin acting for you, we will always give you with complete fee information.
We’ve also joined with CrowdJustice, a premier crowdfunding platform dedicated to assisting clients in obtaining financing for their legal cases. Learn more about Crowdfunding in the Legal Field.
We also provide complimentary introductory consultations. These provide you with the opportunity to communicate with us about your case without incurring any expense or commitment to continue.
Do insurance companies go after underinsured drivers?
Uninsured motorist coverage is a type of insurance that protects you against losses incurred by an uninsured or hit-and-run driver. Uninsured motorist coverage is divided into two categories:
Uninsured motorist coverage cannot normally exceed the amount of your personal liability coverage.
For example, if your liability coverage is $50,000, your uninsured motorist coverage must be $50,000 or less. Your uninsured-driver coverage, on the other hand, will only pay up to $50,000 in damages if the uninsured motorist is at fault.
If they’re at fault
We’ll handle your claim if we can’t find the individual who caused the accident or if it’s proven that you caused the accident, but you won’t be able to claim for damages caused by an uninsured motorist.
If you’re at fault
If you cause an accident and have a comprehensive Car Insurance coverage, both your automobile and the uninsured driver’s car will be repaired at no cost to you.
If you only have third-party insurance, you’ll be responsible for any repairs to your own vehicle, but the vehicle of the uninsured motorist will be covered.
If the other driver is proven to be without insurance, they may face fines and possibly have their vehicle seized and destroyed.
If who is at fault is disputed
If the party at fault cannot be determined, you should contact the police as soon as possible. To back up your story, you should obtain many witness accounts.
Because it’s impossible to prove culpability without a police report, you’ll need to file one to ensure your claim isn’t denied by your insurer.
How do you recover damages from uninsured motorist?
You may be able to seek monetary damages if you were injured in an accident that was not your fault and the at-fault driver did not have liability coverage (bodily injury coverage) to compensate you for the damages you suffered. To begin, you would need to file a lawsuit against the accountable party and get a judgment. A judgment is a court order signed by a judge that directs the responsible party to pay you a specific sum of money that the court has awarded you. This is not, however, the conclusion of the procedure. You must then convert the judgment into cash using the various collecting methods allowed by Florida law. Please see our prior post on How to Collect on a Personal Injury Judgment for more information. As a result, most attorneys will not sue someone who is uninsured or underinsured because they are unlikely to have enough assets to convert a court judgment into cash, and the litigation process can be lengthy and expensive.
If you have been harmed by an uninsured or underinsured motorist and are unable to locate an attorney who would file a lawsuit against the negligent party, your only choice may be to file a small claims lawsuit to recover a fraction of your damages. A small claims action is a legal action brought in a county court with jurisdiction and venue suited to the case. The defendant’s residence, the location of the accident, and other factors decide the jurisdiction and venue, or the court where your claim will be filed and heard. Small claims court is so named because the maximum dollar amount you can recover in Florida is $5,000.00 or less, minus charges, interest, and attorneys’ fees.
Of However, if you seek to recover more than $5,000.00 in damages, small claims court may not be the best option. For example, if your damages exceed $5,000.00 but do not exceed $15,000.00, you must file your claim in a county court, or in a circuit court, if your damages reach $15,000.00. This article, on the other hand, is limited to a high-level description of the small claims court process because it is more informal, quick, and cost-effective for pro se litigants.
Although it is usually desirable to have legal representation in court, you do not need an attorney to file a lawsuit in small claims court for damages. Procedures, self-help materials, acceptable forms for pro-se litigants, and fee schedules for filing a small claims case can all be found on most small claims courts’ websites. For example, the filing fee for claims under $100 is $55; the charge for claims between $100.01 and $500 is $80; the fee for claims between $500.01 and $2,500 is $175; and the fee for claims between $2,501 and $5000 is $300. A summons fee of $10 is also charged for each named defendant. Because the rates change on a regular basis, you should constantly consult the relevant cost schedule.
A small claims action is filed with the county court by completing a Statement of Claim form with a thorough statement of the claim and two copies of any supporting documents, as well as paying the proper fees. The summons and Notice to Appear are then prepared by the clerk of court and served on the listed defendant (s). A pre-trial conference will also be scheduled by the clerk of court. A default judgment will be entered in your favor if the defendant fails to appear.
The judge may order the parties to arbitrate the matter if the defendant attends at the pre-trial meeting and denies the claim. Mediation is a process in which the parties to a claim get together and, with the help of a neutral third party known as the mediator, attempt to reach a mutually agreeable resolution. Mediation can take one to two hours and can take place soon after or even during the pre-trial hearing session. Small claims plaintiffs are entitled to free mediation services.
If you and the defendant are unable to reach an agreement during mediation, the judge will schedule your case for trial, where you and the defendant will present your case. You will present your case before the jury if you sought a jury trial in your Statement of Claim. The jury will next reach a decision based on the evidence and the judge’s instructions on the applicable legislation. If the jury returns a favorable result, the judge will issue a legally binding final judgment against the responsible party.
You’ll be able to try to collect on a judgment once it’s been issued. Please see our prior post on Collecting on a Personal Injury Judgment for more information. If you are unable to collect on the judgment within 30 days, you may seek assistance from the Bureau of Motorist Compliance by mailing a copy of the police report and a certified copy of the final judgment to Bureau of Motorist Compliance, 2900 Apalachee Parkway, MS-87, Tallahassee, Florida 32399-0585.
An uninsured party’s driver’s license, tags, and registrations can be suspended for up to 20 years or until the judgment is met by the Bureau of Motorist Compliance. Typically, this will cause the liable individual to pay your judgment or work out a payment plan with you in order to regain their driving rights.
If we are unable to represent you in your case, our Joe Horrox Law team will be able to review your specific situation to determine the best course of action for recovering your damages, inform you of current state laws, assist you in filling out the necessary paperwork, and answer any questions or concerns you may have. Call your Daytona Accident Attorney at 386-258-2121 if you have any questions.
How do you negotiate an uninsured motorist claim?
You must do the following in order to reach the best possible agreement:
- PREPARE YOURSELF. You should be as prepared as possible for the personal injury claim process.
Can I sue an uninsured motorist for my deductible?
You have the option to litigate, but you should wait until your insurance company and the other party settle it out. You will forego any other damages if you only sue for the deductible.
What you must pay before an insurance company will pay a claim?
Health insurance has its own jargon. You’ll need to know the following terms:
- A claim is a detailed description of medical services that you or your doctor must submit to the insurance company to be compensated.
- Coinsurance is similar to a co-payment in that you pay a percentage of the entire cost rather than a fixed sum. (For instance, let’s say you need $5,000 worth of surgery.) You may be required to pay 20%, or $1,000, while your health plan pays the remaining 80%, or $4,000.)
- The portion of the cost that you are responsible for each time you obtain a service is referred to as a co-payment (or co-pay). (For example, if you go to the doctor after your deductible has been met, you may not have to pay the full $100; instead, you may pay a $25 co-pay and your insurance will cover the remaining $75.)
- Coverage limitations refer to the maximum amount an insurance policy will pay out in a given year or lifetime. New insurance plans issued in the United States after 2014 are not allowed to impose annual or lifetime coverage restrictions.
- Deductible: The amount of money you must pay out of pocket before your insurance company begins to pay for treatments. (For instance, if your deductible is $500 per year and each doctor’s appointment costs $100, your insurance may not kick in until you’ve visited the doctor five times.)
- This alternative for getting health insurance lets people in the United States who need to buy insurance on their own to compare their options and select the best policy to match their needs.
- In-network provider: Any doctor, hospital, or other medical service provider who has agreed to participate in your insurance company’s network and provide reduced services. A participating provider is another term for a company that participates in a program. (See below for an example of an out-of-network supplier.)
- Non-covered services are those that are not covered by your insurance coverage, therefore if you want to acquire them, you will be responsible for the whole cost. Cosmetic surgery, chiropractic care, and alternative therapies like acupuncture are examples of services that are usually not covered.
- Any doctor, hospital, or other medical care provider who has not negotiated special prices with your insurance company is considered an out-of-network provider. If you visit an out-of-network provider, your insurance may only pay a portion of the bill, or your visit may not be covered at all. The difference (or the entire amount) must be paid out of your own pocket. (See above for an example of an in-network supplier.)
- Out-of-pocket maximum: This is the maximum amount of money you can spend on health care each year. (For example, if your annual out-of-pocket maximum is $6,350 and you have unpaid co-pays for doctor’s visits, procedures, and medications, your insurance will cover any more claims at 100%.)
- A policy is a contract between an insurance company and a person that offers health-care coverage in exchange for a predetermined payment.
- When you need to notify your insurance company ahead of time of any medical tests or procedures that your doctor has prescribed. If you do not obtain precertification from your insurance company before receiving treatment, the procedure may not be covered.
- Pre-existing condition: Any injury or disease that occurred prior to the start of your current insurance. If you have a pre-existing ailment, insurance companies in the United States cannot refuse you coverage or charge you more.
- Premium: The monthly payment you make to the insurance company to purchase health insurance.
- Primary care physician (PCP): A PCP is a doctor who specializes in primary care. A doctor who manages all of your medical care, from annual physicals to referring you to specialists (typically a pediatrician, family medicine doctor, or internal medicine doctor).
- When your insurance provider asks your primary care physician to authorize any visits to other doctors or specialists, this is referred to as a referral. Your appointment may not be covered if you don’t acquire a referral.
- Usual, customary, and reasonable are terms that allude to the amount that health care providers in your area charge for similar services. (For instance, your dermatologist charges $200 for an office visit, whereas the majority of dermatologists in your area charge $150.) Your insurance company may reimburse you for a $150 payment.)