Understanding Your Rights After an Accident with an Uninsured Motorist

Most drivers are ready to follow a few basic and expected steps after a car accident, and this includes exchanging insurance information. You expect the other involved driver to carry auto insurance, after all, it’s the law in Alabama and all other states. Unfortunately, not all drivers have auto insurance. 

Birmingham has the ninth-highest uninsured motorist rate in the country. This doesn’t give you a lot of confidence, especially if you’re planning on pursuing compensation for your damages. 

Thankfully, you have legal rights if the at-fault driver isn’t carrying insurance. You can also take steps to help ensure your damage is covered if you’re in an accident with an uninsured motorist.

What is an Uninsured Driver?

An uninsured driver is precisely what the name implies. If a motorist doesn’t carry at least the state’s minimum insurance requirements, they’re considered an uninsured driver. 

While Alabama isn’t the worst state for the percentage of uninsured motorists, it does rank in the top ten overall. The rate of uninsured drivers is 19.5% but the good news is this is a 2.5% drop over the previous years.

So, why should you be concerned about uninsured motorist rates in Alabama? If you’re involved in an accident with an uninsured driver, recovering compensation for your losses can be tricky. 

Since the driver isn’t carrying insurance, you can’t file a claim with a provider. Often, your only option is to file a personal injury lawsuit against the at-fault driver.

Minimum Insurance Requirements in Alabama

All states have minimum auto insurance requirements. These requirements differ from state to state, so if you’re a new transplant it’s a good idea to check with local insurance requirements. The minimum insurance requirements for all drivers with vehicles registered in the state are as follows:

$25,000 bodily injury per person

$50,000 combined bodily injury per accident

$25,000 property damage/accident or a combined single limit of $75,000 per accident

While Alabama’s minimum insurance requirements can help cover some of your damages, you’re probably still facing additional expenses. If the at-fault driver is only carrying the state’s minimum requirements, you’ll probably need to file a lawsuit to recover any additional losses. 

However, at least some of your medical and property damage costs are covered. If the driver isn’t carrying insurance, it doesn’t necessarily mean you’re stuck covering all of your expenses.

Consider an Uninsured Motorist Policy

If you decide to spring for full coverage auto insurance, you probably don’t have a lot to worry about if you’re involved in an accident with an uninsured driver. 

A full coverage policy typically has higher monthly premiums compared to liability insurance. To quickly clarify, liability insurance only covers damage to the other driver’s vehicle. This type of insurance doesn’t cover your property losses.

With full coverage, everything is pretty much included in your insurance plan. If your vehicle is damaged in an accident, your insurance will typically cover your repairs or replacement. The policy may not fully cover the replacement costs, but it’s still better than nothing. 

The only potential downside to full coverage insurance is the caps. Almost all full coverage policies have caps and this means your accident claim’s value can’t exceed your policy’s limits.

This is when you may want to consider adding uninsured motorist coverage, which is an add-on to your existing policy, usually full-coverage auto insurance. Remember, your full coverage policy has caps and this can leave you with outstanding medical expenses and property damage costs. So, how does uninsured motorist coverage work?

If you’re involved in an accident with an uninsured driver, you file a claim for damages with your insurance provider. After that, the steps for receiving compensation are basically the same as if the at-fault driver has auto insurance.

Steps for Filing an Uninsured Motorist Claim

When you’re filing an uninsured motorist claim, you contact your insurance provider. They’ll send an accident investigator out to review the specifics of your claim. The investigator will look over the accident scene and decide if the other driver is at fault or if you share some of the blame. 

If the investigator decides you’re at least partially responsible for the accident, it can affect your claim. The value of your claim may be reduced depending on if you’re also at fault for causing the accident.

The next step, after contacting your insurance company, is to schedule a consultation with an accident attorney. Whether you’re filing an uninsured motorist claim with your insurance provider or a lawsuit against the at-fault driver, your attorney can help ensure you receive fair compensation.

The post Understanding Your Rights After an Accident with an Uninsured Motorist appeared first on My Car Heaven.

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