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How to handle an uninsured or underinsured motorist crash

On Behalf of | May 22, 2025 | Motor Vehicle Accidents

The damage caused to you in a car accident can be extensive, leaving you with property damage, physical injuries, a mental toll and financial devastation. Taken together, these losses can wreak havoc on your life, threatening your stability and your ability to build the future you want for yourself and your family. When you pursue a personal injury lawsuit, in many instances the defendant’s insurance company will step in to pay the settlement amount or the judgment. But what happens when the driver who hit you doesn’t have insurance, or they have insurance insufficient to cover your damages?

Turning to uninsured or underinsured motorist coverage

You might think that you’re out of luck if you’re injured by an uninsured or underinsured motorist, but that may not be the case. Depending on the facts, there may be options available to still recover the compensation needed to offset your losses. Your first option is to turn to your own insurance policy. If you’ve opted into and paid for it, your policy may contain protection for accidents caused by uninsured or underinsured drivers. If you have this type of coverage, then you should be sure to review the provisions of that portion of your policy and act to file a claim. If you have enough coverage, then this option might help you cover the majority of your medical expenses and lost wages.

Reasons why an uninsured or underinsured motorist claim may be denied

Even if you have an uninsured or underinsured driver policy, your claim may not automatically be paid out. In fact, there’s a fair chance that your own insurance company will look for ways to deny your claim, thereby saving themselves money. Some of the most common defenses you can face in these cases are lacking evidence of uninsured status, lacking evidence demonstrating that the other driver was at fault, missing filing deadlines and being subjected to policy exclusions. If you want to protect your interests when pursuing one of these claims, then you have to anticipate these arguments so that you can effectively counter them when they arise.

Pursuing a personal injury claim against the driver in their individual capacity

Even if the driver who caused your wreck lacks insurance, you can still sue them individually. Of course, if you receive a judgment in your favor, collecting the funds owed to you can be a challenge. But even then, you might be able to garnish the defendant’s wages to help ensure that you’re eventually paid over time. Although this is an option of last resort, it’s certainly a route that you might want to discuss with your attorney if you don’t have any other avenues to recover the compensation you’re owed.

Gather evidence to support your position

Regardless of the action you take, you have to have evidence to support your position. This means taking pictures of the wreck and your injuries, tracking your medical expenses and lost wages and identifying witnesses who may be able to testify on your behalf. So, be diligent in assessing the facts of your case so that you can make compelling arguments to support the outcome that you want.

Do you need assistance presenting your claim?

If so, then now is the time to research your options so that you can make a fully informed decision that protects your short and long-term interests. Only then will you rest assured that you’ve done everything possible to find accountability and recover the compensatory funds necessary to advance your recovery and get you back on your feet.

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