When You’re in an Accident with an Uninsured Driver

Being involved in a car accident is unfortunate for anyone. But what if the driver who started it all turns out to be uninsured? Your situation just went from bad to worse. In such a case, it’s good to be aware of a few important things. Who is responsible for paying for the damage when the at-fault driver himself doesn’t have insurance? Let’s find out.

Accidents are said to be unexpected occurrences that we should all be ready for. Oftentimes, accidents happen on the road, involving one or more vehicles. That’s why car insurance is available and, in most states, required. But since getting insured isn’t mandatory everywhere, several drivers and car owners choose not to insure their automobiles.

What some people may not know about insurance is that it is not only beneficial for the victims of the accident but also for the drivers themselves. It truly is for everyone’s benefit, at least financially.

Having car insurance is like a seatbelt when you’re riding a car and a helmet when you are on a motorcycle. It’s your protection against a number of serious problems, including paying for the bills incurred caused by an accident. Because a car accident is one of the most common types of accident, there are many different amounts and types of coverage.

Car insurance covers some of the expenses needed to be paid due to an accident involving your own car. Various protections come with car insurance, such as liability and collision insurance. This insurance includes paying for the expenses of the other driver and for the damage to one’s own vehicle.

Insurance covers damages if someone was hurt or injured by your vehicle during an accident. Additionally, insurance may protect you from costs associated with property damage depending on the policies indicated in your insurance. There are cases when your policy can also cover the expenses for your injury, regardless if you were the driver or not.

Clearly, having car insurance is crucial in times of emergency. If uninsured, you can expect the worst-case scenario, especially in terms of financial damages.

While you’re undoubtedly worried about your condition and that of the other people involved in your accident. You also have to think about where and who will pay for the medical bills incurred. Yet, the answer to these questions highly depends on the state laws of where the accident occurred.

Generally, one common idea that all the states have about car accidents and deciding who’s going to pay for everything is the fact that you can protect yourself from it. In fact, you can even have something for yourself, too. You just need to follow the right process to succeed. Of course, a lawyer’s guidance and assistance will be very helpful.

A lawyer specializing in car accidents can arrange all these for you and help you recover damages. The uninsured or underinsured motorist coverage is what can save you from paying for everything. This additional coverage can be easily added to your current policy.

In the uninsured motorist policy, some insurance companies offer to help customers pay for medical expenses, bodily injuries, and property damages. This policy, however, varies from state to state.

If you are in New Jersey, for instance, and you want to drive a car, getting insurance is mandatory. This is because New Jersey is a no-fault state, which allows insurers to pay for all expenses during an accident, regardless of who caused the collision. Instead of pointing out who started it, the insurer of either driver takes care of paying the medical care and other damages.

One part of your insurance, called Personal Injury Protection, also takes responsibility for your medical bills. However, this comes with a price, too. You’ll still have to pay 20% for every $5,000 of your bill while PIP takes charge of the remaining 80%. You also have a deductible to pay, which usually ranges from $250 to $2,500, depending on your insurance policy.

One thing to remember about no-fault laws is that they do not allow for any legal charge. Therefore, whether the other driver is insured or not, you remain covered unless you’ve suffered major injuries from the accident. This is what most no-fault laws include, and if you also have uninsured motorist coverage in your insurance policy, that should also add to the money you can get.

On the other hand, if you are just a passenger, you may or may not be covered by the insurance. Some people let others drive their cars, which makes them just a passenger at the time of the accident. This is another reason being insured is crucial. Your coverage will still work in this situation.

Yet, if the passenger and owner of the car happen to be uninsured, that’s where you’ll have a problem. A passenger who owns the car that got into a collision will still have a role to play even if he/she is not the one driving if the car was borrowed, and even if he/she was not in the car at that moment, still, a claim for medical benefits should be opened to the insurance company.

However, if you happen to have no insurance and you were just riding your car with someone else driving, you may not have any coverage at all. But, one thing that some car accident lawyers fail to consider is the idea that these uninsured passengers may have relatives with insurance who can have them legally covered. In no-fault laws, there is what was called the resident relative law, which entitles any family member to some benefits under a family member’s auto insurance policy.

Both passengers and drivers are given the freedom to choose whether to have PIP or health insurance as the primary in their insurance policy. Either of these can take care of your medical expenses; the difference is that, with health insurance as your primary source of assistance for your medical bills, you may be limited to just a few providers for everything you need.

At the same time, PIP covers more of your expenses than your health insurance does. You’ll need to pay more out-of-pocket costs as compared with PIP. Likewise, your health insurance may even ask you to pay for more, sometimes up to hundreds of dollars more, after you get a settlement.

Unfortunately, PIP coverage does not include passengers without insurance or those not considered a resident relative of any family member.

As unexpected as car accidents are, occurrences of people passing by or crossing the street and cyclists suddenly appearing on the scene when an accident happens must be predicted. A lot of people and vehicles are using the roads, which means extra caution is necessary. The insurance coverage for both insured and uninsured individuals under these categories is the same.

Even if your state requires that you get insurance when you buy a motorcycle, it doesn’t ensure that you will be covered in case you get involved in a car accident. It’s sad, but the truth is that no matter how serious your injuries are, PIP will not cover your bills and other damages. Motorcycle riders are left with less protection than those who are driving a car, resulting in a more dangerous and risky ride.

After an accident, having your car repaired is another concern you may have. How would you deal with it along with your other concerns while you’re still in pain from the injuries you got? It all depends on your insurance coverage and the policies indicated in it. Again, for uninsured drivers who caused the collision, the best thing to do is just to reimburse the money you will spend on repairing your car from your own insurance.

Collision Insurance allows you to get assistance for the damages to your car due to an accident. This kind of insurance is also a part of your auto insurance. Likewise, collision insurance can be acquired from your own uninsured motorist property damage coverage. This process is a lot faster than if you would let the other driver pay for your car’s repair. No matter who is at fault, your insurer is always there to cover your car repair.

The only thing that’s not comforting about using your own insurance is the deductible that you need to pay. This may be costly, amounting to $750. On the contrary, your insurer may also be able back you up if, after examination, they found your car to be totaled or in a state which is not worth its price anymore.