Uninsured or Underinsured Drivers

Drivers are required to carry a certain amount of insurance coverage in case of a motor vehicle accident. However, many drivers ignore this requirement, cannot afford insurance, or don't carry enough insurance. Uninsured motorist coverage is a type of insurance that covers bodily injuries received in an accident with a driver who is legally responsible for the injuries, but who doesn't have any insurance coverage. Underinsured motorist insurance covers bodily injuries from an accident with a driver who has liability insurance, but that insurance coverage is lower than the injured person's underinsured motorist insurance coverage. It is important to contact a lawyer experienced in personal injury claims as soon as possible if you have been in an accident with an uninsured or underinsured driver so that you don't waive any of your legal rights.

Uninsured Drivers

Generally, uninsured motorist insurance covers people injured in an accident with a driver who doesn't have any insurance. Uninsured motorist insurance may also cover hit-and-run accidents where the other driver isn't identified. A person who has uninsured motorist insurance and is an accident with an uninsured driver may be able to receive compensation for their injuries from their own insurance company. If you have been in an accident with an uninsured driver, contact an experienced personal injury attorney before you file your insurance claim to make sure that you obtain all of the available compensation.

Underinsured Drivers

Underinsured motorist insurance covers injured persons when the responsible driver does not have enough insurance to fully compensate the injured person for all of his or her injuries. If a person purchases the very minimum amount of insurance coverage required by law, they may be an underinsured driver. If compensation for your injuries is greater than the insurance coverage available from the responsible driver's insurance policy, you may be able to obtain the difference from your own insurance company.

Collecting Damages

To be compensated under uninsured or underinsured motorist insurance, the injured party has to prove that (1) he or she endured significant injuries and (2) the other driver was responsible for the accident. If the accident was with an underinsured driver, the injured party must also collect the maximum amount allowed under the other driver's insurance policy before the injured party can collect the rest of the injury compensation from his or her own insurance company.

Uninsured or Underinsured Drivers Conclusion

If you are injured in an accident with a driver who doesn't have insurance or doesn't have enough insurance, uninsured or underinsured motorists insurance may cover your injuries. Contact an experienced personal injury lawyer if you have been in an accident and do not settle with the other driver's insurance company. Some insurance companies are not required to pay under your underinsured motorist insurance policy if you have already settled with the other driver's insurance company. Your lawyer can provide you with all of the information and assistance you need to get the maximum amount of compensation for your injuries.

No-Fault Insurance

Assignment of responsibility for compensation for injuries in a car accident depends on the laws of the state where the accident happens. In a no-fault insurance state, neither driver in an accident is considered responsible and each driver submits a claim to his or her own insurance company. Florida, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, Pennsylvania and some other.

states all have some form of no-fault insurance laws. No-fault insurance is difficult to understand and the law is different in each state that offers this insurance. If you have been in an accident, it is important that
you consult a personal injury lawyer with experience in motor vehicle accidents to discuss your state's laws and how they may affect your right to be compensated for your injuries and vehicle damage.

A No-Fault Insurance System

Any vehicle insurance system that requires all drivers to purchase insurance for their own injuries and limits a driver's ability to sue another driver is a "no-fault" insurance system. If you are involved in an accident under a no-fault insurance system, it doesn't matter who was responsible for the accident, your insurance company will compensate you for you injuries, up to your coverage limit. Other drivers involved in the accident will be compensated by their own insurance companies.

Under a one-hundred percent no-fault insurance system, drivers would be completely compensated for injuries by their own insurance companies and no driver could ever sue another driver. Currently, however, no states use a 100% no-fault system. States that use no-fault insurance policy systems use a blend of no-fault systems and standard systems, where the responsible person pays for compensation for injuries. All of these states permit lawsuits in some situations.

The requirements for the type and amount of no-fault insurance vary from state to state. Some states allow an injured person to sue if their injuries are severe, while lawsuits depend on the total dollar amount of the injuries in other states. In many modified no-fault systems, insurance companies compensate the injured person for economic damages to the insurance policy limit, but the injured person can sue for non-economic damages greater than a certain amount. Economic damages are tangible costs, such as medical costs and wages lost because of time away from work. Non-economic damages are more intangible and may include consequences such as loss of enjoyment of life and serious, permanent scarring or disfigurement. The amount of non-economic damage that must be suffered before an injured person can sue differs from state to state. If you have been in an accident in any no-fault state, it is important to consult with a personal injury lawyer experienced in motor vehicle accidents to examine your state law.

Choice No-Fault

Some states, such as Pennsylvania and New Jersey have a choice no-fault insurance system. Under this system, drivers choose whether they want to be insured under a no-fault plan or whether they want to keep some of the standard responsibility rights to sue under a modified no-fault plan. If drivers choose the no-fault plan, they cannot sue other drivers for non-economic damages, but they also cannot be sued. If drivers choose the modified no-fault plan, then they can sue other drivers, but they can be sued as well. A personal injury lawyer experienced in no-fault insurance motor vehicle accidents can help you sort through these complicated issues, whether or not you are in a no-fault state.

A No-Fault Insurance Policy

If you are insured in a no-fault state, that part of your motor vehicle insurance is usually called Personal Injury Protection. The items covered under a Personal Injury Protection package varies from state to state, but generally, compensation is available for most costs related to an injury, including medical costs, lost wages, and loss of services, funeral expenses, and death benefits. Other types of compensation are usually not covered by no-fault insurance, including pain and suffering, emotional distress, and inconvenience. Additionally, medical expenses or lost income above established maximum is usually not covered. Other insurance may be needed to cover physical damage to vehicles.

No-Fault Insurance Conclusion

A one-hundred percent no-fault insurance system may simplify compensation for motor vehicle accident injuries, although no states currently have 100% no-fault systems. Instead, no-fault systems vary greatly from state to state and these systems can be very confusing. An experienced personal injury lawyer can help you make decisions in order to get the appropriate amount of compensation.