Legal Requirements to Sue an Uninsured Motorist | Uninsured Motorist Lawsuit In 2024
Before filing an uninsured motorist lawsuit you must have a deep understanding of the uninsured motorist cases. An uninsured motorist is a driver of a motorcycle, car, or truck who is driving when there is no liability insurance for the driver. According to the Insurance Research Council of the California Department of Insurance;
- More than 25% of all drivers are uninsured.
- 16% of all accidents involve uninsured motorists.
- Vehicles that are 15 years or older are more likely to be uninsured to the tune of 40%.
Examples of Uninsured motorist accidents and claims
- If you are at a stoplight or rear-ended by a driver who doesn’t have insurance.
- If your vehicle is parked in a public parking garage. In addition, it has been hit and damaged, but the other driver didn’t leave any evidence.
- If you are a pedestrian in a crosswalk and hit by a driver who does not have enough liability car insurance to cover the medical expenses.
If you are a victim of a hit and run, here are some steps you can follow
- Pullover in a safe area and ensure you and your passengers are okay (it is better not to chase the motorist).
- Even if you didn’t get a look at the license plate or the description of the car, you should record as many details about the accident as possible. Contact any witnesses to gather more evidence.
- Contact the police to record your case.
- Use your phone to take photographs of the scene, including your damages, injuries, and contact information from any involved parties.
- Call your insurance company to get a hassle-free claim for the damages caused in the uninsured motorist accident.
Compensation for uninsured motorist claim
If you are injured in an accident that contains an uninsured motorist, there are several kinds of compensation available to you.
The uninsured motorists have to pay all the direct, out of the pocket expenses that the wrongful conduct caused you. It includes uninsured motorist property damage, medical bills, lost wages, and more.
The insured motorists are on the hook for the pain and the long-term suffering that the accident gave you. It includes pain, emotional distress, loss of society and companionship, and loss of enjoyment of life caused by the accident.
Punitive damages are a special category of compensation. Although these are not compensatory, they are imposed to punish the defendant in wrongdoing.
It includes, medical costs, funeral costs, the loss of the financial contributions of the decedent, and the non-economic damages that consist of compensation for grief and loss of companionship.
Specific requirements to file a claim
There are certain requirements for both the uninsured motorist property damage claims and the bodily injury claims. For both the claims, the first thing required is the physical contact between the uninsured vehicle and either an insured vehicle. Moreover, for uninsured motorist personal injury claims, here are some rules that apply:
- The insured or someone on his or her behalf must report the accident to the authorities within 24 hours.
- The insured or someone on his or her behalf must file a claim within 30 days. The insurer needs to file the claim with the insurance company that they have a claim for damages against a person or persons whose identity is unascertainable and set forth facts to support the claim.
How to file an uninsured motorist Lawsuit claim
- Get a consent to settle documents from the uninsured motorist carrier.
- Get a copy of the declarations page of the liability insurance company.
- Send the declarations to the at-fault driver.
- Cross-check and sign the document from the liability insurance company.
- Send medical bills and records to the at-fault driver.
Does the insurance company investigate uninsured motorist claims?
When you file an uninsured motorist claim after your accident, the insurance company will take a deep sneak into the accident. They will investigate all the damage that occurred in your car and any medical treatment you contained, along with the nature of the injuries, hospital bills, and more.
It’s important to hire a skilled and experienced attorney that will help you in filing the lawsuit and make the process simpler. They will explain that these investigations take place not only to calculate the damages needed to be covered under the uninsured motorist lawsuit claim. But also to ascertain that the faultless driver filed a claim under good faith and without any fraud regarding the damage or injuries.
Nevertheless, it is vital to stay honest during this time to make the most of the uninsured motorist claim. It will help you win back any financial loss you may have incurred in the accident.
Understanding the payout from an uninsured motorist lawsuit
It’s better to understand how uninsured motorist claims generally work. The underinsured motorist coverage amount you can claim is generally decreased by the amount of money you get from another driver’s liability insurance.
Here’s an example
- If you have $100,000 of uninsured motorist coverage and you receive $50,000 from the other driver’s liability insurance, total medical bills will become $300,000.
- Your uninsured motorist coverage limit would only be $50,000 ($100,000 UM – $50,000 at-fault driver’s liability). It means $200,000 would not be covered.
- You won’t be able to get the full uninsured motorist coverage ($100,000) plus the driver’s liability coverage ($50,000).
- In such cases, you can expect a $150,000 total from the insurance and will receive only $100,000.
Protecting your interests
After you suffer a serious injury due to the fault of another, you deserve compensation for your property damage, medical bills, potentially lost wages, and pain and suffering. If the at-fault party has personal assets, we can seek a judgment against the individual to take his or her insurance policies into account. Neither the responsible party nor the insurance company will likely volunteer such information. Our lawyers know where to look to obtain such compensation and how to ensure that you get it.
If you want a uninsured motorist lawyer who cares about you and the outcome of your uninsured motorist lawsuit choose Ethen Ostroff. He and his professional connections ensure you get every dollar possible for what you went through.