One common misunderstanding of those injured in a car accident by an at-fault driver with little or no insurance is that they have no other avenues for recovery. If you have been involved in a car accident in Indiana and the at-fault driver did not have valid insurance, or had too little insurance to cover your damages, you may still have a case.
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Have you or someone you care about been involved in an accident with an uninsured motorist in Fort Wayne, Indiana? Contacting a settlement attorney in Fort Wayne with experience can mean the difference between something or nothing in the event of uninsured motorist claims. .
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Auto accident where driver has no insurance
What do you do if you have been involved in an auto accident and the other driver just ran away or does not have insurance? What if you were a pedestrian or riding a bicycle and hit by a driver who drove away or does not have any auto insurance? This is not unusual. Many drivers in Indiana do NOT have insurance, so what should you do if the driver that hit you does not either?
Make a claim against uninsured motorist
You probably will not make a claim against the person who caused the collision if that person does not have any auto insurance because most people who drive without insurance don’t have enough money to justify the time and expense of making a claim against them, then proceeding to court and then, if you win at trial, trying to collect from such person any judgment you might obtain after a trial. Even if you win, the other party might file for bankruptcy protection and then you might receive nothing even though you incurred all those court expenses and wasted considerable time and energy. So, what should you do?
Uninsured motorist claims (UM)
Fortunately, there may be a solution. If you have uninsured motorist (UM) coverage on your auto insurance policy, you will be able to make a claim against your own insurance company for your losses without any detriment to you. Even if you personally do not have auto insurance coverage, you still may be covered. For example, if you were a passenger in someone else’s vehicle and the owner of the vehicle you were in has UM coverage, it should cover you. If you live with someone who is related to you who has UM coverage, it also may cover you. Even if you are a pedestrian or bicycle rider, if you or a relative you reside with have UM coverage, it may cover you. If you think any of these may apply, be sure to tell your attorney right away. The UM insurance company pays when the other driver does NOT have any insurance. UM coverage pays for most (but not all) of the things that the other person’s insurance would have paid if it existed. UM insurance coverage should cover the following losses: Ambulance, paramedic, hospital and medical bills, including dental, x-ray, MRI and prescriptions. Loss of wages, earnings and income.Pain, suffering, disfigurement, emotional distress and loss of enjoyment of life activities. Loss of future earnings and earning capacity. There are some things that UM coverage may not cover, including the following: Property damage. UM coverage does not cover damage to your car, towing, rental or loss of use. However, you may also have collision coverage that does pay for property damage, less your deductible, and UM waiver of deductible that may cover your deductible. You may also have rental reimbursement and towing coverage. Check your policy coverage carefully and give a copy of your coverage declaration page to your attorney to review. Punitive damages. These damages are not covered unless your own insurance company wrongfully handles your UM claim. Then you may be able to bring a separate action against it for the bad faith handling of your claim. If you think this may apply, you should immediately consult our offices for advice. Are you worried about making a claim against your own insurance company? You should not be! Remember, UM coverage is not a gift or present from your insurance company. You already paid a premium for it, so don’t think you’re taking “advantage” of your insurance company or doing anything wrong because you have to make an uninsured motorist claim.
Underinsured motorist claims (UIM)
Underinsured motorist coverage (UIM) is similar but not quite the same as uninsured motorist (UM) coverage. UIM applies when the person who caused your accident has auto liability insurance but the limits are not high enough or sufficient to fully compensate you for your losses. In contrast, uninsured motorist (UM) coverage, discussed above, applies when the other party does NOT have any auto insurance at all. Here’s an example of how UIM coverage works: Let’s say the person who ran into you had insurance that pays only $25,000 for each person injured in an accident and your losses and damages are about $100,000. If you have underinsurance coverage (UIM), you will be able to collect the other person’s $25,000 from the other person’s insurer and then collect the balance of your damages from your UIM coverage, up to the limits of your own UIM coverage. The many rules, procedures and overall complexity of Uninsured Motorist and Underinsured Motorist Claims requires representation by an experienced Auto Accident Attorney.
Legal representation by attorney from Delventhal Law Office
If you were injured by an uninsured or underinsured motorist and decide to make an uninsured motorist claim/underinsured motorist claim, we strongly recommend that you find an attorney with experience making these claims. You can be sure that the insurance company has its team already working on ways to reduce or deny your claim. A good attorney will keep these people in line. Any wrong move, and the insurance company may be faced with a lawsuit or mandatory arbitration, which is usually required in UM policies. In addition, if the insurer in an UM or UIM claims acts unfairly, you may have a separate and additional claim against it for “breach of contract” and/or “breach of the implied covenant of good faith and fair dealing,” commonly referred to as acting in “bad faith”. We are very experienced in handling such claims. We invite you to contact our firm for a free initial consultation.
- You can contact us 24 hours a day, 7 days a week for a free consultation with our lawyers
- When you contact us a lawyer will immediately respond - No call centers - No time waiting for the important legal advice you need
- Our no recovery no fee promise - You won't have to pay a dime until there is a successful resolution to your case.
- All accident lawyers at our office have years of experience litigating such cases, so they know how to get the maximum compensation for your case.
- Our lawyers will fight for your right to compensation against insurance companies and defendants for all your damages including:
- Medical bills - Hospitalization costs
- Future medical care
- Loss of earnings
- Pain and suffering
- Emotional distress If you are the victim of a car accident, contact us for immediate assistance.
Remember, our consultations are free, and when we take a case, we do not charge our clients a penny until our client wins. If you don't win, then we don't get paid. That's how confident we are in our expertise. Call us now to speak to a Fort Wayne accident attorney immediately.