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Your insurance provider can opt to file a claim against the uninsured at-fault driver if you are involved in an accident with one. However, the easiest payment method for your charges is typically through your own uninsured motorist, collision, or personal injury protection insurance.
In 2019, one in eight drivers (12.6%) had no liability insurance, according to a report by the Insurance Research Council. Knowing what to do next could make or break your claim if you are involved in a collision with an uninsured driver.
Yes. Subrogation, or the insurer’s legal power to pursue the third party for any loss its clients experienced, is what this process is known as. They can recoup the money they gave you to pay for your claims through subrogation. Typically, if you have UM coverage and file a claim, your insurer will pay your damages before pursuing payment from the at-fault party.
Although insurance companies often have the legal right to subrogation, that only sometimes implies they will spend the time and money necessary to pursue an uninsured motorist. In many cases, a driver who lacks car insurance lacks the financial resources to pay any judgment that may be entered against them.
Uninsured motorist coverage will shield you from having to cover your damages if you’re unfortunate enough to be involved in a collision with an uninsured motorist. If an uninsured motorist causes an accident, UM coverage will pay your expenses, less your deductible. In Missouri, uninsured motorist coverage is required by law. In some circumstances, you might become the victim of someone whose insurance is insufficient to cover your expenses fully. You will be covered by underinsured motorist coverage if the at-fault party’s insurance is inadequate.
You can only claim a certain amount for UM and UIM, which is specified in your policy’s fine print. No matter your limits, you have a set amount of time—often as little as 30 days, although again, it depends on the policy—in which to make your UM or UIM claims. Even if you are the victim of an accident involving an uninsured or underinsured driver, failing to submit your claim by the deadline may prevent your insurance carrier from paying you back.
What do I do when an uninsured driver strikes me in Missouri? Can I bring a lawsuit against them? Yes, to answer briefly. Any losses you have incurred as a result of your incident may be recovered from an uninsured driver through a lawsuit. You can still bring a personal injury claim against an uninsured motorist if you don’t have UM or UIM and are hurt in an accident that was your fault. However, filing a case of this nature might not be in your best interests. If the at-fault motorist doesn’t have automobile insurance, they most likely won’t be able to cover your losses and medical expenses. If the defendant is found guilty, they will likely pay you back via a payment schedule. After that, you will have to pay your attorney’s legal fees, or they will collect a percentage of the settlement from the defendant.
However, your best course of action may be to employ a Missouri car accident lawyer to file a lawsuit against the underinsured driver, depending on the specifics of your accident and case. You should keep in mind, though, that it might be challenging to recover damages from an uninsured driver. This is because the uninsured motorist could not have the money or assets to compensate you. In some circumstances, your lawyer might decide to file a lawsuit against a negligent third party. A typical illustration is a company that produces faulty auto parts. Your attorney might discover proof that the uninsured motorist was not the only cause of the collision in collisions involving numerous drivers, enabling you to pursue reimbursement from a second at-fault driver.
This is why it is best to, at the very least, speak with an attorney after your accident. They’ll examine your accident from all perspectives and demand compensation on your behalf through all available channels. This increases your likelihood of experiencing a complete financial recovery. Additionally, since Goldblatt + Singer only accepts contingency payments, you owe us nothing unless and until we successfully resolve your auto accident claim.
If another driver hits you, uninsured motorist auto insurance might be a useful tool. Whether you choose to have Goldblatt + Singer, the St. Louis Injury Law Firm, represent you, our goal is to inform the St. Louis community on liability, fault, and insurance issues. We want you to be aware of both your options following an injury and the best ways to safeguard yourself going forward. Get in touch with us for a free case consultation and details on your legal options following a car accident. Call (314) 231-4100 today or contact us online.