There are a few instances where you can sue your own insurance company. 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 company. 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 accident is uninsured or underinsured, you usually have the right to file a car accident lawsuit after 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 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 because you never know what the at-fault driver has unless you know them personally, and even then, you may only 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 near the top of the list of who gets paid when the debtor’s assets are sold by the bankruptcy trustee.
How do uninsured motorist claims work?
Uninsured motorist coverage assists you in covering the costs of damages caused by a driver who does not have automobile insurance. This coverage will assist pay for costs if you are injured or your car is damaged in a crash caused by such a driver, according to the limits of your policy. The other motorist would be considered underinsured in that case.
Can you sue the insurance company directly?
In most vehicle accidents, you will need to file a lawsuit against the other motorist. You cannot directly sue the defendants’ insurance company. Instead, the defendant is indemnified by the insurance provider for some or all damages, depending on the terms of the policy.
The problem is that insurance companies frequently look for insignificant or false reasons to deny a claim. Because of this denial of service, it will be difficult to collect your payout.
The defendant must collect the money from the insurance company if both sides agree to a settlement that has been approved by the judge.
On rare occasions, an insurance provider will operate in “bad faith.”
After that, the defendant has the option of assigning a bad faith lawsuit to you, allowing you to sue the insurance company.
How do 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 vehicles 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, can be just as complicated as ‘normal’ personal injury claims.
As a result, you need hire a qualified counsel to represent you. With their knowledge and expertise, our experienced team of solicitors can guide you through your claim. We have successfully handled a number of uninsured driver compensation claims, 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 driver 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 involved 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 compensation you deserve.
You can still make a claim for other losses besides your injuries, just like you can with other personal injury claims. Here are a few of the most common 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 provide their insurance information, this is also a criminal offense that should be reported to the police.
- 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 limits. 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 award as well as the MIB will cover our fees. This is how most No Win, No Fee agreements work.
If you have any questions about how your claim will be funded, we will be happy to answer them. Before we begin acting for you, we will always provide you with complete fee information.
We’ve also partnered with CrowdJustice, a leading crowdfunding platform dedicated to assisting clients in obtaining funding 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 uninsured 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.
Can I sue an uninsured motorist for my deductible?
You have the option to sue, but you should wait until your insurance company and the other party figure it out. You will forego any other damages if you only sue for the deductible.
Does liability cover uninsured motorist?
Uninsured motorist coverage is a sort of liability insurance for automobiles. If you’re in an accident caused by someone who doesn’t have auto insurance or if you’re injured by a hit-and-run driver, it could help pay for your expenses. In some states, this type of insurance is optional, while in others, it is required.
What happens if I hit an uninsured driver?
If the motorist who impacts your car doesn’t have insurance, you won’t be able to sue for any damage to your vehicle or injuries to you or your passengers.
If you only have third-party insurance, notify the police if you suspect the other driver does not have insurance, and contact your insurer, who should be able to assist you in contacting the Motor Insurers’ Bureau (MIB).
If you’ve been in an accident with an uninsured motorist that wasn’t your fault, they’ll assist you file a claim for compensation. There’s no assurance that you’ll get your money back, but it’s worth a shot.
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 option for buying health insurance allows people in the United States who need to buy insurance on their own to compare their options and select the best insurance to meet 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 discounted 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 policy, so if you choose to get them, you will be responsible for the full 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 service provider who has not negotiated special rates 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 an individual that provides 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 illness that occurred prior to the start of your current policy. 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 company requires your primary care physician to authorize any visits to other doctors or specialists, this is referred to as a referral. Your visit may not be covered if you don’t get 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.)