Getting into a car accident can always be complicated, physically, mentally, and financially. What happens when you get into a car accident with someone who does not have car insurance? A lot of thoughts will go through the person’s head, such as will I have to pay for their damages in full? Let’s take a look at what happens when you get into an accident with someone without car insurance and who are underinsured.
If they do not have any car insurance, and they hit your car with theirs, then you can use your uninsured motorist coverage to keep you safe. Most likely, those who do not have car insurance, will not have much money either, in this case, you would simply make a claim against your own insurance company up to the limit of your uninsured driver coverage.
What happens if the driver has car insurance, but it is not sufficient enough? If a driver hits your car, and it is deemed their fault, and they do not have enough insurance to cover your car’s damages, then you go back to your own insurance company. You would file a claim against your own insurance company up to the limit of the underinsured motorist coverage. This is only the case if you have more coverage than the motorist who hit the car. Let’s take some examples.
If the driver that hit you only has $80,000 worth of coverage, but the case is worth about $160,000. Then you have about $120,000 worth of coverage, you are able to make an underinsured driver claim against your own insurer. In this particular case, you would be able to settle with the $80,000 from the negligent driver, and then another $40,000 from your insurer. You are not allowed to take the full remaining amount from your policy, you are only allowed to take up to your insurance coverage.
So to give you a short answer to getting into an accident with a underinsured or uninsured driver, you can make a claim to your insurance company. They are aware that there will accidents with uninsured drivers, and you can make a claim against your insurance company for the damages against your car.
Have more questions about what to do after a car accident? Contact the Law Offices of Nicholas J. Del Pizzo today.