Uninsured motorist (UM) insurance coverage is an automobile policy option which covers the insured for property damage and bodily injury in accidents caused by another motorist who does not carry liability insurance. In short, it pays for damages caused by someone with no insurance.
In many situations, an uninsured motorist actually may have no coverage at all, or at one point may have had insurance but let it expire. He may also be “de facto” uninsured if he is underage, unlicensed or otherwise ineligible for protection under the policy covering the vehicle that caused the accident, such as when the offending driver used a vehicle without the owner’s permission.
How to deal with an Uninsured Motorist
If uninsured motorist coverage pays only for damages caused by a driver with no insurance, what will you do if you happen to get involved with an uninsured driver?
• Check if you have uninsured or underinsured coverage on your policy to make sure that you are protected.
• If you are involved in an accident, get the contact information of the other driver, including insurance information
• Get signed statements from the uninsured driver stating that he has no insurance. Your insurance company will require it when you make a claim for damages with your own company.
Getting involved in an accident with an uninsured motorist may also cause you problems with your own insurance company, especially on issues of who is at fault and the extent of your injuries. And if it believes you were at fault even in a minor way, the insurance may decide to reduce your compensation.
How to Collect on Uninsured Motorist Coverage
To recover damages on your uninsured motorist coverage, you have to prove that the other party was at fault and he has no liability insurance to compensate you.
Negligence is the common cause of most automobile accidents. To prove fault of an uninsured motorist, you need to establish the following elements:
• That the offending party owed a legal duty of car under the circumstances
• That the offender failed to fulfill the duty through conduct resulting in the breach (breach of duty)
• That the offender caused the accident
• That the action resulted in the victim’s injuries
Under the law, a person must be found negligent in order to hold him/ her liable for another person’s injuries. Traffic violations, DUI driving, impaired driving, over-speeding and reckless driving are some of the driving behavior which constitute negligence and often used to establish liability in many automobile accidents.
For most types of accidents, a person must be found negligent in order to be held legally responsible for another person's injuries. If a person behaves negligently and that behavior causes you harm, you can most likely recover compensation for your injuries.
How do I collect on my uninsured motorist coverage?
Generally, you must prove that the other driver was both at fault and without liability insurance to compensate you. An uninsured motorist actually may have no coverage, or may be de facto uninsured if underage, unlicensed, or otherwise ineligible for protection under the policy covering the vehicle that caused the accident, as, for example, when the driver at fault used the vehicle without the owner's permission. Practically speaking, if the insurance carrier of the driver at fault denies coverage, you are dealing with an uninsured motorist.
