No one likes to imagine it happening to them, but they’re called accidents for a reason—they can happen at any time and any place. Being involved in a car accident is certainly one of the terrifying and trying aspects of driving a vehicle. The U.S. has some of the busiest roads in the world, with close to 280 million vehicles in operation; and in 2018, about 12 million vehicles were involved in crashes nationwide including 36,560 traffic fatalities.
When involved in a car accident, possible personal injuries sustained by you and your passengers should be one of your primary concerns. After taking all necessary steps to address the issue of injuries to yourself and your passenger(s), you should take pictures of both vehicles, get the other driver’s information and notice whether the other driver is “under the influence” and/or if the other driver is at fault and/or apologizes. Then call the police. But what if the driver of the other vehicle involved in the accident is uninsured? What do you do then?
We’ve dedicated this blog to detailing some of what’s involved in dealing with uninsured motorists in the event of a car accident. Let’s dive in.
Percentage of Uninsured Drivers in Illinois
According to a study carried out in 2017 by the Insurance Research Council (IRC), in 2015, 13 percent of drivers in the US (1 in 8), was uninsured. According to that same study, an estimated 13.7% of Illinois’ drivers (in 2015) were uninsured, ranking the State of Illinois, 18th in the U. S.
Being Involved in a Car Accident with an Uninsured Motorist
When you discover the negligent driver liable for the accident is uninsured, you will probably wonder what and how much your own insurance will cover. The answers will largely depend on your insurance company’s AM BEST rating and the types and coverage limits you purchased.
What should your insurance pay if the driver liable for the accident is uninsured?
As with any other accident, you should notify your insurance company of the accident as soon as practicable. If you purchased a “full coverage” automobile policy, your insurance company will pay for your car’s damages, minus your deductible. In addition (to the type(s) and amount of coverage you chose) your insurance company will also pay for: (a) your medical expenses and (b) your injuries.
Why do we make reference to the AM BEST Rating when commenting on the factors impacting upon the question: “What and how much will your own insurance cover?”
We mention the AM BEST rating of your insurance company as being important when you file a claim under the “uninsured motorist” or “underinsured motorist” portion of your insurance policy because the philosophy and financial strength of your automobile insurance company has a direct impact upon the degree of difficulty you might experience when relying upon your own insurance company to “stand good” for the injuries sustained by you in an accident where the responsible driver is underinsured or uninsured. The better your insurance coverage is and the better the philosophy and AM BEST rating of your own insurance company are, the less exclusions and restrictive their policies will be; thus, the more likely you are to receive the proper damages due you, your loved ones and/or your passengers regarding the accident. Personal injury lawyers keep close tabs on these foregoing factors regarding insurance companies.
What can a lawyer do for you if you’re injured in an car or truck accident and the responsible driver is uninsured or underinsured?
If you sustain injuries in the accident and the other motorist is the one at fault and is either uninsured or carries inadequate limits (thus is underinsured) regarding bodily injury claims on their policy, your lawyer will file a claim under the uninsured/underinsured provisions of your car insurance relating to bodily injuries and proceed (up to the coverage limits in your policy) to get you compensated for all of your medical bills relating to the accident as well as all personal injury damages sustained by you in the accident.
What should you do if you’ve been in a car Accident with an Uninsured or Underinsured Driver who was at Fault for the Accident?
If you’ve been involved in a car or truck accident with an uninsured or underinsured motorist, it’s imperative that you hire/retain a reliable and effective personal injury lawyer because (in spite of the fact that it is your own insurance company handling the claim) there are many hurdles involved in pursuing an uninsured or underinsured claim through your car insurance. Some of these hurdles and/or “fine print clauses” could very well either unfairly limit or even prevent you from recovering what is due you for your injuries.
We are leading personal injury and car and truck accident lawyers in Tinley Park, Matteson, Orland Park, Chicago Heights, and elsewhere in Illinois. David G. McDermott has more than 41 years’ experience successfully representing clients and ensuring they receive the full value of their claims.
Get in touch with us at McDermott & McDermott, LTD, today for a free legal consultation. Call us at 708 747 9440.
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