Every day millions of drivers take to U.S. roads and highways. Unfortunately, many of those drivers are uninsured or underinsured. By some estimates as many as 16% of U.S. drivers are uninsured. Moreover, underinsured drivers are estimated to be responsible for approximately 20% of all fatal car crashes in the U.S.
What is the Difference between an Uninsured Motorist and an Underinsured Motorist?
An uninsured motorist is a driver who does not have auto insurance. In all 50 states, it is illegal for an uninsured person to drive a car, truck, or motorcycle. If an uninsured motorist is involved in an accident, he may be subject to both civil and criminal penalties.
An underinsured motorist is one who carries minimum liability coverage. If an underinsured driver is involved in an auto accident, he is subject only to civil penalties; there is no criminal liability for underinsured drivers who cause a car crash.
How Will I Be Compensated if I Am Involved in An Accident with An Uninsured or Underinsured Driver?
If you are involved in an accident with an uninsured motorist, if you have uninsured motorist coverage on your auto insurance, it will kick in. Moreover, if you are involved in a hit and run accident and cannot locate the other driver, you uninsured motorist coverage will kick in. The uninsured motorist coverage in the average auto insurance policy covers medical bills, lost wages, future lost wages, and pain and suffering.
Handling an underinsured motorist claim is more complicated. In most instances, you will be required to settle with the underinsured driver for the maximum policy limits on his auto insurance policy before your underinsured motorist coverage will kick in. Moreover, it’s quite possible that your insurance carrier will attempt to deduct the amount of the settlement with the other driver from the payout on your underinsured motorist claim.
How Do I Know if I Have Uninsured Motorist Coverage?
Many drivers believe that they have uninsured motorist coverage because they have a “full coverage” auto insurance policy. In some states, a driver must specifically indicate that he wants uninsured motorist coverage and the type of uninsured motorist coverage he wants at the time he renews his auto insurance policy. Therefore, you should contact your insurance agent to verify that you indeed have uninsured motorist coverage.
Getting Legal Help
If you are involved in an auto accident with an uninsured or underinsured motorist, you should not rely on what your insurance company tells you. After all, their primary concern is paying out as little money as possible. It’s best to be represented by an experienced auto accident attorney who has your best interests at heart and will be committed to helping you get the compensation you deserve.
