In the case of a car accident encounter where the opposition party is uninsured, the prospects of obtaining financial coverage for personal injuries sustained, hurt and misery, as well as medical costs can be quite intricate. An ‘uninsured driver’ is defined as a vehicle driver who does not possess auto insurance, owns insurance that does not meet legal minimum accountability standards, or whose insurance company denied their claim. A hit-and-run driver and one who is financially unable to pay for his auto insurance also fall under this category. The injured client will usually be able to recover his medical expenses from his own auto insurance company in such a situation.
Uninsured Motorist Coverage (UM)
This insurance can provide compensation for personal injuries, medical expenses, pain, and wage loss incurred by the client and his/her passengers in an accident where the opposition is proven negligent and uninsured. Uninsured motorist coverage is automatically purchased along with the auto insurance. In most states, drivers are required by law to possess a certain minimum UM. For example, the minimum mandatory UM coverage in Minnesota is 25,000 for one injured person and at least 50,000 for two or more injured passengers. However, serious accident involving brain and spine injuries can cost thousands in medical bills. It is strongly recommended that you purchase additional UM coverage above the minimum.
At the site of collision, the client must attempt to collect as many details as possible about the uninsured driver involved. In a number of states, solid proof of the actual accident between the client and the uninsured driver’s car is demanded along with proof that the uninsured driver was at fault. If the client is the one at fault, he may still obtain UM coverage, although it could result in an increase in his car insurance rates.
Personal Injury Protection (PIP) – ‘No Fault’ Insurance
Personal Injury Protection (PIP) is an addition to auto insurance available in some states. It covers medical costs and, sometimes, lost income. PIP is also called "no-fault" coverage, because the statutes enacting it are generally known as no-fault laws, and PIP is designed to be paid without regard to "fault," or more properly, legal liability.
Recovering Expenses from Uninsured Driver
It might be possible to recover part of the expenses from the uninsured driver if he/she has coverage under someone else’s insurance, for example as a dependant living under an insured driver. How much coverage can be recovered will vary based on state regulations and the clauses in the other driver’s insurance plan.
With the sharp rise in unemployment, more and more drivers are uninsured due to financial incapability. As a responsible driver, the most you can do to insure the safety of your family and yourself is purchase of adequate UM. If you or a family member has been injured in an accident with an uninsured driver recently, you must consult with a legal attorney as soon as possible to ensure you receive maximum benefit from your UM and all medical costs are compensated for.
