Uninsured Motorist Accidents

When you have been injured in a car accident that was somebody else’s fault, the normal remedy is to file a personal injury lawsuit against the responsible party. If the negligent driver has liability insurance, then it is the insurance company and not the driver that will typically negotiate, litigate, and pay the eventual settlement or verdict. However, when the motorist who caused the accident was not insured, the accident victim faces a very different circumstance.

While the negligent driver’s liability is not altered, the injured party’s options for collecting fair compensation may be.

Three Possible Ways to Pursue Compensation When Injured by an Uninsured Motorist

When the responsible driver doesn’t have insurance coverage, an experienced car accident attorney will generally pursue one or more of these three approaches to securing fair compensation for you:

1. Pursuing a claim against the negligent motorist and attempting to collect from his or her personal assets. In most cases, an uninsured driver will not have sufficient assets to pay compensation in a serious injury case. This is true in part because most people do not have that kind of resources, but also because wealthier people with more at risk are more likely to protect themselves with insurance coverage, even in states like New Hampshire, where motor vehicle insurance is not required.

However, one thing your personal injury attorney will likely explore is the possibility that there are assets available to recover full or partial compensation directly from the uninsured motorist.

2. Seeking to identify any additional responsible parties. A good personal injury attorney will always look for additional possible responsible parties. However, when the negligent motorist is not insured and may not have the resources to make full payment of the claim, it is particularly important to determine whether someone else’s negligence may have contributed to the accident. Some possible examples include:

• The owner of the motor vehicle, if the vehicle was not owned by the driver,
• The driver’s employer, if the driver was working at the time of the accident,
• A manufacturer of the automobile or component part, if a defective product contributed to the accident, and
• Any other party whose negligence may have contributed to the accident, such as another driver on the road whose actions triggered the negligent driver’s response or affected your ability to take evasive action

3. Pursuing compensation under your own uninsured motorist policy. Uninsured motorist coverage, is required in Massachusetts, and is required in New Hampshire if you purchase automobile insurance. If you carry this type of coverage, then your own insurance carrier may be responsible for some or all of the damages you suffered in a collision with an uninsured motorist.

However, pursuing compensation under your own uninsured motorist coverage is not always as straightforward as you might hope. Many people believe that since they purchased the insurance and they are the customer of the insurance carrier, processing a claim will be as simple and straightforward as submitting the required documentation. However, when an uninsured motorist claim is filed, the relationship between the insured and his or her own insurance carrier often becomes adversarial. This is especially true in the case of large claims.

Insurance companies make money by taking in more money in premiums than they pay out in claims. When they are required to pay out large amounts of compensation, it hurts the bottom line. Therefore, the goal of the insurance company is to avoid or minimize payout. Unfortunately, that does not change when the claimant is their own customer pursuing compensation in an uninsured motorist case.

Next Steps after an Accident with an Uninsured Motorist

If you have been injured by an uninsured motorist, it may be difficult to determine the best way to proceed. It may be that a claim against the driver directly will yield partial or full compensation. However, that is often not the case. And, even when the uninsured driver has assets to collect against, the collection process may be complex and daunting.

An experienced car accident attorney can help to identify possible responsible parties other than the driver, and will know how to navigate the pitfalls associated with pursuing an uninsured motorist claim with your own insurance carrier. Simple mistakes can hurt your ability to collect fair compensation, so the sooner you speak with an experienced car accident attorney, the better.

Schedule a free consultation with Attorney Kevin J. Broderick by calling 978-459-1792 or filling out the contact form at https://www.kevinbrodericklaw.com/contact/. Give yourself the advantage that comes with understanding your rights and working with a knowledgeable attorney.