What to Do if the At-Fault Driver is Uninsured or Underinsured?

Being involved in a car accident is stressful enough, but dealing with an at-fault driver who is uninsured or underinsured can add an extra layer of complexity. Without sufficient insurance coverage from the responsible party, you might face significant out-of-pocket expenses for damages and injuries.

It’s crucial to know how to navigate these situations to protect your financial interests and ensure that you’re not left bearing the full cost of the accident. Understanding your insurance policy, knowing the steps to take immediately after the accident, and exploring legal options are key aspects of managing this challenging scenario.

Understanding Insurance Coverage

Auto insurance policies generally cover liability, collision, comprehensive, and medical expenses. Liability insurance is meant to cover damages you cause to others in an accident.

However, when the at-fault driver is uninsured or underinsured, their liability coverage either doesn’t exist or is insufficient to cover the full extent of the damages. This is where your own coverage becomes critical.

Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage are optional add-ons to your insurance policy in many states. These types of coverage protect you when you’re involved in an accident caused by a driver who either has no insurance or whose coverage limits are too low to cover the damages.

With UM/UIM coverage, your insurance steps in to cover medical bills, lost wages, and other damages that would have otherwise been covered by the at-fault driver.

What to Do After an Uninsured Driver Accident

Safety and Health First

The first priority after any accident is ensuring the safety and health of everyone involved. Check yourself and others for injuries, and seek medical attention immediately if needed.

Even if injuries seem minor, it’s wise to have a medical evaluation since some issues, like concussions or internal injuries, may not be immediately apparent.

Documenting the Accident Scene

If you’re physically able, document the accident scene thoroughly. Take pictures of the vehicles, any property damage, road conditions, and injuries.

Here are some relevant forms of evidence you can collect at the scene of an accident:

• Photographs: Document any visible damage to all vehicles involved, surrounding property, such as fences, signs, or buildings, as well as any damage to the road surface, any debris, or hazardous conditions. If safe and appropriate, take pictures of visible injuries.

• Video Recordings: Try to obtain video footage from cellphones, security cameras, traffic cameras, and doorbell cameras if available. If you cannot access these yourself, your personal injury lawyer might be able to find a way to do so.
• Driver and Vehicle Information: Record the license plate numbers, insurance details, and contact information of all drivers involved. If you need assistance getting this information, the responding police officer will likely be able to request it for the purpose of the accident report. 

In addition to all of this, remember to make detailed notes about what happened while the incident is fresh in your mind. This documentation can be crucial for your insurance claim and any potential legal action.

 Requesting a Police Report

Regardless of the at-fault driver’s insurance status, you should request a police report. A police report provides an official account of the accident, documenting details such as the time, location, involved parties, and a preliminary assessment of fault.

In Utah, if the accident results in over $2,500 in property damage, drivers involved will have to file one as well.

• At the Scene: If the accident is significant and involves serious damage or injuries, the police will likely come to the scene. They will compile information from all parties and create a preliminary report.
• After the Accident: If the police did not come to the scene, you can still file a report at your local police station. Visit the station with all relevant details of the accident, including photographs, vehicle information, and a summary of events.
  • Some jurisdictions also allow online filing or reporting by phone.
• Information to Provide: Share all the facts as accurately as possible, including the sequence of events and any statements made by the other driver(s), ensuring that details of all drivers involved are provided, as well as contact information for any witnesses. If you or others sustained injuries, mention this to the police, as it will be included in the report.

After filing, request a copy of the police report or the report number. This document will be needed for your insurance claim and any legal processes.

Follow up with the police department if you have not received it within a reasonable timeframe.

Once you receive the police report, review it carefully for accuracy. If you notice any errors or omissions, contact the police department to request corrections.

Dealing With an At-Fault Driver With No Insurance

When you find yourself dealing with an at-fault driver who has no insurance, prompt communication with your insurance company is essential. Provide them with all the relevant details and documentation you’ve gathered.

Your insurance company will then investigate the claim, and your UM/UIM coverage will come into play if the other driver is uninsured or underinsured. It’s also important to understand your policy’s coverage limits for both bodily injury and property damage to avoid surprises during the claims process.

Be prepared for negotiations with your insurance adjuster to ensure that the compensation offered adequately covers your damages.

Contacting Your Insurance Company

Inform your insurance company of the accident as soon as possible. Provide them with all the details you gathered, including photos, witness information, and the police report.

Your insurance company will investigate the claim, and your UM/UIM coverage will come into play if the at-fault driver is uninsured or underinsured.

Understanding Your Policy’s Coverage

Carefully review your insurance policy to understand the coverage limits and what expenses will be covered under your UM/UIM provisions. You may have separate limits for bodily injury and property damage.

It’s crucial to understand these distinctions to avoid surprises during the claims process.

Dealing With Insurance Adjusters

Once you’ve reported the accident, an insurance adjuster will be assigned to your case. The adjuster’s role is to evaluate the extent of damages and determine the compensation you’re entitled to under your policy.

Keep detailed records of all communications with your insurance company, and be prepared to negotiate if the initial offer doesn’t fully cover your damages.

Legal Considerations and Options

In situations where the at-fault driver has no insurance or is uncooperative, exploring legal options may be necessary. Consulting with an attorney who specializes in UM/UIM claims can help you navigate the complex insurance process and advocate for fair compensation.

If required, you may need to consider suing the at-fault driver, especially if they have assets that could cover your damages. However, weigh the potential costs and recovery carefully, as an uninsured driver may not have substantial financial resources, making it challenging to secure damages through a lawsuit.

Consulting With an Attorney

When facing a situation involving an uninsured or uncooperative driver, seeking legal guidance is crucial. An attorney specializing in Uninsured Motorist (UM) or Underinsured Motorist (UIM) claims will have the expertise to handle the nuances of these cases.

They can help you understand your rights and options, including:

• Evaluating Your Case: An attorney can assess the details of your accident and the applicable insurance policies to determine the best course of action. They will analyze your policy limits, the extent of your damages, and any potential sources of recovery.
• Negotiating with Insurance Companies: Attorneys are skilled in negotiating with insurance companies to ensure you receive fair compensation. They can handle communications and disputes, ensuring that you are not unfairly denied benefits.
• Navigating the Legal Process: If your claim goes to court, an attorney will represent you, managing all legal proceedings from filing a complaint to presenting evidence. Their experience is valuable in ensuring that procedural requirements are met and your case is presented effectively.
• Providing Legal Advice: They offer strategic advice tailored to your specific situation, including whether to accept a settlement offer or pursue further legal action.

Suing the At-Fault Driver

If the at-fault driver is uninsured and you cannot recover sufficient compensation through your own insurance, suing them may be a viable option. However, before proceeding, consider the following:

• Assessing Asset Viability: Determine if the at-fault driver has sufficient assets to cover potential damages. A lawsuit is more likely to be worthwhile if the driver has assets that could be used to satisfy a judgment.
• Evaluating Potential Costs: Lawsuits can be expensive. Assess the costs of legal fees, court costs, and other related expenses. Weigh these costs against the potential recovery to decide if pursuing legal action is financially justifiable.
• Understanding Recovery Limits: Even if you win the lawsuit, collecting the awarded damages may be difficult if the at-fault driver lacks financial resources. Be prepared for the possibility that recovery might be limited or challenging.
• Exploring Settlement Options: Before going to trial, consider negotiating a settlement with the at-fault driver. Settlements can be a faster and less costly alternative to a full trial, although they might result in a lower amount than a court award.

Work With Valley Law for Your UM/UIM Accident Case

If you’ve been involved in an accident with an uninsured or underinsured driver, Valley Law Accident and Injury Lawyers are here to help. Our experienced car accident lawyers understand the complexities of UM/UIM claims and will work tirelessly to ensure you receive the compensation you deserve.

Contact us today at (801) 810-9999 to schedule a consultation, and let us guide you through the recovery process from your accident.