There are some practical realities of getting struck by an uninsured driver. The other driver’s insurance is not going to take care of your car or pay for a rental vehicle, but there are things you can do to help get your bills paid.
Get Help & Call the Police.
Just because somebody tells you that they do not have insurance, does not mean it is true. If a person is borrowing somebody else’s car they may believe that their own insurance must handle the claim. This is not true. Car insurance typically follows the car, not the individual. Every time you update your car’s registration you must provide insurance information. When the police arrive at the scene they ask the appropriate questions to find a policy on the car. If this isnt resolved at the scene you can check back with the department to find out if the vehicle was insured.
Find Out What’s Covered.
Often, we forget what coverage we have, or we do not actually know what the coverage means. Place a simple call to your insurance, they will explain your benefits to you.
By law, all are required to have No-Fault insurance, $30,000.00 of liability insurance, and $25,000.00 of uninsured and underinsured motorist coverage. Collision coverage covers damage to your car when another policy will not. This shouldn’t be mistaken with comprehensive insurance, which covers damage to your car caused by something other than another car, like a flood. Using your own insurance has its drawbacks though since you will still be charged your deductible.
Ask the At-Fault Driver to Help Pay for Your Bill
If you do not have collision coverage and are not happy about paying out your deductible, it does not hurt to ask the at-fault driver to help pay for your bill.
A few hundred dollars here and there helps remove the sting and burden from an accident that was their fault. If they refuse to cooperate it may be a good idea to sue the at-fault driver in small claims court, also known as conciliation court.
You should let your insurance company know if you sue the other driver in small claims court for your deductible because they also have a claim against the at-fault driver for any money they paid out to get your car repaired. You should remember that if you plan on suing them you cannot sue for the damage to your car and then later sue them again for pain and suffering.
Having Your Own Insurance Helps but Doesn’t Solve it All
If you have insurance you are already paying for uninsured motorist coverage, which will help pay for your economic losses, pain, and suffering. Your No-Fault insurance will help pay for many of your medical bills and wage loss, but there are limits. Your underinsured motorist coverage will fill in those gaps and provide you some compensation for your loss. They will not take into consideration how egregious the other driver’s conduct was because they do not have a duty to defend them, but they will provide some assistance. This also shifts the burden of recovering the money from the at-fault driver to your insurance company so that you can get paid now and they can go after the other driver later.