The Other Driver's Insurance May Not Be Enough
After a serious car accident, you may assume that the driver who caused the crash will have insurance to cover your medical bills, lost income, and other losses. Unfortunately, that is not always how it works.
The other driver may have no automobile insurance at all. Even when a driver has coverage, the policy limits may be far below the value of your injuries. That is where uninsured motorist and underinsured motorist coverage can become important.
This coverage is designed to provide protection when the driver responsible for an accident does not have enough insurance to compensate you for your losses. For people who suffer serious injuries in a crash, having this additional coverage can make a meaningful difference in the options available to pursue compensation.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage, often called UM coverage, can provide benefits when you are injured in an accident caused by a driver who does not have the insurance required to cover your claim.
Underinsured motorist coverage, or UIM coverage, addresses a slightly different situation. The at-fault driver has insurance, but the available policy limits are not enough to cover the full extent of your damages.
These situations can arise when:
- The Driver Has No Insurance. A driver responsible for your accident may have no automobile liability coverage at all.
- The Policy Limits Are Too Low. The other driver's insurance may cover only a portion of the damages caused by a serious injury.
- Multiple People Are Injured. Available insurance limits may need to be divided among multiple injured people after the same crash.
- Your Injuries Are Significant. Medical treatment, lost wages, rehabilitation, and other damages can quickly exceed the available liability coverage.
- The Driver Cannot Pay Personally. Even when an uninsured driver is legally responsible for your injuries, that does not necessarily mean the driver has personal assets available to compensate you.
Having UM or UIM coverage can give you another potential source of compensation when the other driver's insurance is inadequate.
Why Serious Injuries Can Change the Equation
A relatively minor collision may result in a claim that falls within the at-fault driver's policy limits. A serious injury can be very different.
Emergency treatment may be followed by surgery, hospitalization, physical therapy, prescription medication, and months of additional medical care. You may also miss work or be unable to return to the same type of employment.
The financial impact can continue long after the accident itself. A driver's insurance policy may have a fixed limit, while your losses continue to accumulate. That is one reason it is worth considering uninsured and underinsured motorist coverage when choosing an automobile insurance policy.
You Can Be Seriously Injured by Someone with Minimal Coverage
One of the biggest misconceptions about automobile insurance is that knowing the other driver has insurance means your losses will necessarily be covered.
The amount of insurance matters. Imagine that another driver causes an accident that leaves you with significant injuries. The driver's liability policy may provide some compensation, but the available limits may be exhausted before your medical expenses and other damages are fully addressed.
Without additional coverage of your own, your ability to recover the remaining amount may depend on whether the at-fault driver has assets that can realistically be pursued. UM and UIM coverage can provide an additional layer of protection in circumstances like these.
What Can Uninsured Motorist Coverage Help With?
The specific benefits available depend on the policy and the circumstances of the accident. Depending on the claim, uninsured or underinsured motorist coverage may be relevant to losses associated with an injury.
Potential losses can include:
- Medical Expenses. Emergency care, hospitalization, surgery, rehabilitation, medication, and other accident-related treatment may contribute substantially to the value of an injury claim.
- Lost Income. Time away from work can create immediate financial pressure while you are recovering.
- Future Losses. Serious injuries can require continuing treatment or affect your ability to work in the future.
- Pain and Suffering. An injury can affect a person's daily life and well-being in ways that extend beyond medical bills.
- Other Damages. Depending on the circumstances and applicable law, additional losses may be relevant to a claim.
The value of an injury claim is not determined solely by the amount of the first medical bill. The full impact of the injury may need to be considered.
Why You Should Check Your Policy Before an Accident
Most people do not expect to be involved in a serious automobile accident. That can make insurance decisions feel routine. But once a crash happens, changing your coverage generally cannot go back and provide protection for an accident that has already occurred.
Reviewing your automobile policy before you need it can help you understand what protection you actually have.
When reviewing your policy, consider:
- UM Coverage. Do you have uninsured motorist protection?
- UIM Coverage. Does your policy provide protection when the other driver's limits are insufficient?
- Coverage Limits. Are the limits appropriate for the potential financial consequences of a serious accident?
- Policy Terms. What restrictions, exclusions, or requirements apply to making a claim?
- Household Coverage. Are there additional considerations based on the vehicles or people covered by your policy?
An insurance agent can explain the terms of your policy and available coverage options. An attorney can help you understand your legal options after an accident.
What Happens After an Accident With an Uninsured Driver?
If the driver who caused your accident has no insurance or does not have enough coverage, there may still be avenues for pursuing compensation. The first step is understanding what insurance coverage is actually available.
That may involve reviewing your own automobile policy, determining the other driver's coverage, gathering medical records and bills, documenting lost income, and evaluating the circumstances of the accident.
You should also be careful about statements made to insurance companies before you understand the full extent of your injuries and available coverage. An insurer's interests and your interests are not necessarily the same, even when the insurer is providing coverage under your own policy.
Having Coverage Gives You Another Layer of Protection
You cannot control whether every driver on the road carries adequate insurance. You can, however, review the coverage available under your own automobile policy.
Uninsured and underinsured motorist coverage can provide an important source of protection when the person responsible for your accident cannot provide enough insurance to account for your injuries.
For that reason, it is worth discussing UM and UIM coverage with your insurance professional before an accident happens. The relatively small cost of additional coverage can become much more significant when a serious crash leaves you facing substantial losses.
Why This Coverage Matters
Our attorneys have represented injured people whose claims depended in part on the insurance coverage available after a crash. When another driver's coverage is insufficient to account for the seriousness of an injury, the existence of uninsured or underinsured motorist coverage can become especially important.
We have seen firsthand why uninsured motorist coverage can matter when a driver responsible for an accident does not have enough insurance to cover an injured person's losses. Our case results include a $350,000 uninsured motorist settlement, reflecting our experience pursuing compensation through this type of coverage.
Our motor vehicle case results also include a $1 million DUI auto accident settlement, a $1 million commercial vehicle settlement, and settlements of $3.8 million and $4.7 million in 18-wheeler trucking cases.
We Offer More Than 20 Years of Legal Experience
Our experience handling injury claims is supported by more than two decades of legal practice. Our managing attorney Eric L. Welch Guster has more than 20 years of experience and has represented clients in matters involving automobile accidents, motorcycle wrecks, and wrongful death.
Eric Guster has also been recognized by America's Top 100 Attorneys, Birmingham Magazine Top Attorneys, Birmingham Business Journal Top Attorneys, and Birmingham Metro Top Attorneys. He is licensed to practice in Alabama, all federal courts in Alabama, Colorado, and the Middle District of Tennessee.
What Our Clients Say
Our clients' experiences also speak to the way we approach personal injury representation. One client, Olivia K., described our team as “some of the most compassionate and capable professionals I’ve ever met,” adding that we represented her during one of her worst times and were “competent, caring, and reassuring.”
Experience With Uninsured Motorist Claims
At Guster Law Firm, LLC, our personal injury attorneys represent people who have been injured in automobile accidents, including cases involving uninsured and underinsured drivers. We work to identify available insurance coverage, evaluate the full impact of an injury, and pursue compensation under the circumstances of each case.
Every case is different, and past results do not guarantee a particular outcome. The circumstances of an accident, the nature and extent of injuries, available insurance coverage, and other factors can affect the outcome and value of an individual claim.
If you have been injured in an automobile accident and are unsure whether uninsured or underinsured motorist coverage may apply, call (205) 581-9777 or contact us online to discuss your situation.