What could be worse than suffering injuries in a car accident which was caused by another driver’s negligent or reckless actions? It just may be being injured in an accident caused by another driver only to find out they do not have vehicle liability insurance.
Even though many states require vehicle owners to have a minimum amount of insurance coverage, the truth is that there are many individuals who are driving around without insurance. Either they do not have the funds to pay for insurance or maybe they do not realize their insurance has lapsed. Some people may not be insurable because they have bad driving records. Unfortunately, for many people, not having insurance does not stop them from getting behind the wheel of a vehicle.
There could also be situations where the at-fault driver does have insurance but the maximum amount of coverage they have does not cover the amount of damages the victim has suffered.
What options do victims have in either these situations? They may be able to obtain financial compensation from their own vehicle insurance policy. The following is a brief overview, however, a Memphis, TN personal injury lawyer can explain how this works in detail.
Uninsured and Underinsured Motorist Coverage
When a vehicle owner purchases car accident insurance, they often have the option of adding additional protection in the event they are involved in a crash with a driver who has no insurance or not enough coverage. In some states, this coverage is actually required.
Usually, when there has been a car accident where one driver is at fault, the injured driver will file a claim with the at-fault driver’s insurance company for any damages they suffer due to the injuries. In accidents where the at-fault driver has no coverage or not enough coverage, the injured driver can file a claim for their losses with their own insurance company. Although even this may seem like it should be a fairly cut and dry process – after all, this is coverage you pay for – the truth is that even your own insurance company may try to avoid paying you the compensation you are entitled to. This is why many victims in this situation will retain the assistance of a Memphis, TN personal injury lawyer.
In order to be successful with your claim under your uninsured/underinsured motorist provision, your personal injury lawyer will need to prove:
· Which driver caused the crash
· What were the actions of the driver that caused the crash
· What injuries the victim suffered in the crash
· What are the damages the victim suffered because of the injuries caused by the accident
· That the at-fault driver does not have insurance or enough insurance to cover the damages the victim has
· That all other options have been exhausted
Even though you are making a claim with your own insurance company, it may, unfortunately, become an adversarial relationship while negotiations are taking place for you to obtain the compensation you rightfully deserve. Having your own personal injury lawyer Memphis, TN clients recommend handling negotiations can save you much stress and allow you to focus on healing.