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Can You Sue Your Insurance Company For Uninsured Motorist

Can You Sue Your Insurance Company For Uninsured Motorist

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Sue Auto Insurance Companies For Pain And Suffering

Driving without insurance is a game of high-speed Russian Roulette. You may not lose the game on the first try, but keep trying and eventually you will lose.

As of 2015, the most recent year for which statistics are available, it was determined that one in eight American drivers does not have auto insurance. Florida has the highest rate (more than one in four drivers – a staggering 26.7%) and Maine has the lowest (4.5%).

So what’s a driver to do if they don’t have insurance but are still at fault for an accident?

What happens after you are in a car accident will be determined by whether you live in a state of fault or no fault. Failure states are also called “wrong” states.

Car Accident Without Insurance And Not At Fault: Can I Sue?

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Most states follow this system, which allows drivers to sue each other for damages. If you are found at fault for an accident, the other driver can file a personal injury lawsuit and seek financial recovery for medical bills, lost wages, pain and suffering, property damage, loss of consortium, and more.

Can You Sue Your Insurance Company For Uninsured Motorist

Tip: If you are at fault in a car accident and the judgment is entered against you (and most importantly, you don’t have insurance), you will owe compensation… even if it is paid out of your own pocket or taken out of your wage.

Plover Car Accident Lawyer

If you do not have insurance, you will be personally responsible for any judgment entered against you. As in,

It won’t matter to a judge that you don’t have the money to pay him; If you are found responsible for the accident, a court may decide to take compensation out of your wages or install weekly payments.

Twelve states, along with Puerto Rico, currently follow the no-fault auto insurance system. This means that in the event of an accident, both drivers are expected to claim compensation under their respective car insurance policies. This applies even if you are at fault for the accident.

In order for an injured driver to sue you, they would have to leave the insurance system and file a personal injury lawsuit against you. This can only happen in special cases where injuries are classified as “significant” or “serious,” which typically have a minimum limit of $20,000 in medical expenses.

Auto Accident With Someone Who Did Not Have Car Insurance In Il

If someone with serious injuries sues you personally and you don’t have an insurance policy, expect to pay those damages yourself. That means coming out of your bank account, not your insurance company’s coffers.

Many states have instituted laws and regulations to keep drivers off the roads unless they have an insurance policy. This includes penalties for driving without insurance, license suspension or jail time. The Consumer Federation of America has a comprehensive, state-by-state analysis of the repercussions of driving without car insurance.

Other states have “pay-to-play” policies, which state that an injured driver cannot recover damages for pain and suffering unless covered by insurance. This applies even if the driver was not at fault for the accident. Eleven states currently have some type of pay-to-play policy:

Can You Sue Your Insurance Company For Uninsured Motorist

Pay-to-play policies even allow drivers to recover damages for tangible items such as medical bills or property damage. Of course, this doesn’t completely solve the problem of driving without insurance.

Will I Get My Deductible Back? Car Damage And Illinois Law

You should also consider adding an underinsured or underinsured motorist policy for the horrible possibility of being hit by someone who is uninsured or underinsured.

What if you have serious injuries and medical bills but can’t recover from anyone? An underinsurance policy allows you to recover enough to pay what you owe and remain financially solvent. If you have been injured or damaged in an accident with an uninsured driver, you may be wondering, “Do insurance companies go after uninsured drivers? Are pain and suffering granted after a minor accident?” and a series of other questions.

At The Barnes Firm, one of San Diego’s best car accident lawyers, professional personal injury lawyers explain the importance of knowing your car insurance coverage, as well as the other driver’s coverage. In most cases, your insurance or the other driver’s insurance will pay at least part of the cost of medical treatment and repairs to your vehicle.

Which brings to mind other questions: “What if the other driver is at fault and has no or insufficient coverage? What if the other driver caused the accident and you are the victim? Let’s explore what you need to know about uninsured drivers when it comes to accidents, injuries, and damages.

Suing An Uninsured Driver In Florida

If you are in an accident with an uninsured or underinsured driver, you may have to rely on your car insurance to pay your medical bills as well as damages to your vehicle, as long as you are insured. Depending on your state, uninsured or underinsured motorist coverage may be required. Although some insurers must offer it depending on the law, in California and other states it is optional. However, having uninsured/underinsured motorist coverage can often help with your expenses.

Uninsured motorist coverage provides additional coverage when you are in an accident with an uninsured driver who is at fault. Underinsured motorist coverage acts similarly if you are in an accident with an underinsured and at-fault driver. In most cases, uninsured/underinsured coverage cannot exceed standard liability coverage. Generally, uninsured/underinsured motorist claims must be filed quickly, within 30 days of the accident.

Collision coverage, such as uninsured/underinsured motorist coverage, is also an addition to your auto insurance policy. Collision coverage pays for damage to your vehicle if you are involved in an accident with an at-fault uninsured driver or the victim of a hit-and-run driver. Collision coverage does not cover medical expenses related to injuries.

Can You Sue Your Insurance Company For Uninsured Motorist

If you are involved in a car accident with an uninsured or underinsured driver, you may be wondering whether you should file a lawsuit against the at-fault driver. First, you must report the accident to your auto insurance company to determine your coverage and how it applies to the circumstances of the accident. If your injuries are serious and medical expenses are not fully covered, you will need to speak with an experienced and trustworthy attorney to explore your options.

What You Should Know About Uninsured And Underinsured Motorist Insurance In California

If you have any questions about your accident with an at-fault, uninsured, or underinsured driver, call the professional personal injury lawyers at The Barnes Firm. Their knowledgeable attorneys are available to guide you, protect your rights, and help you obtain the compensation you deserve for your injuries and/or damages. Being injured in a car accident is traumatic. You may need extensive medical treatment for your injuries. As a result, you experience physical pain, financial loss, and emotional distress.

Florida no-fault insurance laws require accident victims to file claims with their PIP (personal injury protection) insurance company after an accident. PIP insurance pays benefits to the insured regardless of who caused the traffic accident.

However, if you suffer serious injuries, you may be able to sue the driver who caused the accident. So, you may be wondering how to sue an uninsured driver in Florida. Unfortunately, suing an uninsured motorist may not be your best option for recovering damages.

No-fault insurance is mandatory in Florida. All vehicle owners must have $10,000 in personal injury protection (PIP) coverage. Therefore, you can file a claim against your PIP insurance if you are involved in an accident with an uninsured driver.

How Often Do Auto Accident Settlements Exceed The Policy Limits?

Your PIP insurance compensates for 80% of your medical bills and 60% of your lost wages. However, $10,000 is not a lot of money when you suffer serious injuries after an accident. Additionally, no-fault insurance does not compensate for your pain and suffering or other damages.

Unfortunately, Florida does not require drivers to carry liability car insurance. Therefore, many drivers do not purchase liability coverage.

Civil liability insurance compensates the accident victim for damages caused to the insured driver. Once the accident victim has proven that the insured driver caused the car accident, the insurance company must compensate the victim for economic and non-economic damages.

Can You Sue Your Insurance Company For Uninsured Motorist

Of course, if the driver did not have liability insurance coverage, your option is to sue him. However, most uninsured drivers have very few assets that they can use to pay a judgment. Therefore, even if you sue the driver and win a judgment, you may not be able to collect the judgment.

Can You Sue An Uninsured Driver?

Therefore, before suing an uninsured driver for damages, it is best to consult a car accident attorney. An attorney reviews the case to determine whether it would benefit you to sue the driver. If you are unable to recover any money for a judgment, a lawsuit against an uninsured driver may not be the best option.


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