Despite the illegality of driving without adequate car insurance, the National Highway Traffic Safety Administration (NHTSA) and many Departments of Motor Vehicles (DMV) estimate that at least 10% of all drivers are either underinsured or uninsured.
Someone is considered an underinsured motorist (UIM) if they have purchased insurance coverage but it does not meet one or more of the aforementioned requirements. An uninsured motorist (UM) is any driver with no car insurance whatsoever. If you are hit by either an underinsured or uninsured motorist, it can be incredibly difficult to receive fair compensation through normal methods. You may need to rely on legal action to set things right.
Talk to our Louisville injury lawyers at Bahe Cook Cantley & Nefzger PLC about your car accident. With our years of legal experienced focused solely on personal injury claims, our team of talented attorneys may be able to bring your claim to a positive solution, as we have done so many times before for clients all across Kentucky. Contact us at any time to request your free case evaluation.
Your own personal injury protection insurance should kick in and provide up to your policy limit for medical bills and certain damages, regardless of who is responsible for the accident. An uninsured driver could strike you and the PIP coverage should help you with necessary costs. If you have purchased UM and UIM insurance in addition to the standard policies required, then you should also receive more coverage, up to your policy cap.
Insurance companies that try to not pay you the fair amount of compensation owed, as described in your policy agreements, might be committing bad faith insurance violations. In such cases, our Louisville car accident attorneys are not afraid to take on dishonest insurers for your benefit.
If your own insurance policy caps do not meet the costs of your medical bills and vehicular repairs after being hit by an underinsured or uninsured motorist, you might be able to file a personal injury claim directly against them. Within this claim, you can cite the real damages not covered, as in the medical and repair bills your coverage did not pay, as well as other damages typical of an injury claim.
Achieving full compensation through a claim filed directly against the driver, not an insurance company, may be difficult, especially if the necessary funds are well outside the financial capabilities of that driver. This does not mean that you should automatically assume it will be a fruitless effort. Always talk to your car accident attorney about your options. For example, if an underinsured driver causes your crash, you might be able to file a claim against the insurance company that sold him or her inadequate coverage.
Insurance companies will view a hit-and-run driver as if that person is actually an uninsured motorist. In many regards, the effects of the collision and the financial aftermath are the same. The only added difficulty is that you lose the ability to try to file a claim against that driver directly if they are never identified. Be sure to always contact the police immediately after being involved in a hit-and-run to increase the chances of catching the perpetrator.
Bahe Cook Cantley & Nefzger PLC is comprised of experience, compassionate, and knowledgable Louisville car accident attorneys who truly want to see our clients recover comfortably after being in an accident. When an underinsured or uninsured driver turns your world upside-down with financial and legal complications, you can come to us to help set things right again. Call (502) 565-0035 or contact us online to discuss your case during a free consultation. Remember: we offer contingency fees, which means you will not owe us attorney fees unless we win your case.