Crucial Questions to Ask Regarding Insurance
According to the Insurance Research Council, about one in eight American drivers are uninsured. If you run into one of these motorists (or they run into you) and it results in an accident and injury, how do you seek compensation? You might be able to prepare for this if you ask your insurance carrier and a personal injury lawyer two pertinent questions.
1. Should I Have Uninsured Motorist Coverage?
Most states don’t mandate Uninsured Motorist (UM) coverage, and only require that your insurance carrier offer it. If you live in one of the UM optional states, consider the consequences if you had a catastrophic injury and you were burdened with six-figure medical bills. You would need to rely on your health insurance for coverage and hopefully, receive payment from a lawsuit. The UM coverage is good to have because your insurance company would cover your claim as well as pay for pain and suffering, loss of wages, and funeral costs.
2. Should I Sue the Uninsured Driver Since I Don’t Have UM?
There are a few things to keep in mind when considering a lawsuit against the uninsured. First, investigators need to determine who was at fault. If it is clear that the other driver made the error, then you may have a good chance of winning your case. However, if it is unclear who caused the accident, or if you may have been partly responsible, your lawyer may not be able to take it to court.
If your lawyer checks the defendant’s assets and credit, and senses there is an inability to pay for a judgment, he or she might not want to take your case. As the plaintiff, you might deal with a lengthy litigation process and pay legal fees for money you may not receive. However, if it is confirmed that the opposite party does have the financial ability to pay, then it might be worthwhile to pursue the case. A judgment could help to pay the bills that your health insurance did not cover, as well as the collateral effects of your injury.
If you are injured due to the fault of an uninsured driver, you can have peace of mind if you added UM coverage. A car accident lawyer from a firm like Ward & Ward Law Firm can help you determine if you should proceed with a lawsuit and how to document your damages. Talk to a lawyer if you don’t have UM, but you feel you have a strong case for compensation.