Perhaps they are independently wealthy and can simply write a check to cover your bills and expenses. This is pretty unlikely, since people who choose not to carry liability insurance are rarely sitting on substantial assets.
And as the saying goes, you can't get blood from a stone, so your better course of action is probably to make a claim under the uninsured motorist provision of your own auto policy.
Chances are, you will know on the date of the accident whether the at-fault party has liability insurance. If the police investigate the accident, they will inquire into the insurance coverage details for every driver involved. If the at-fault driver does not have coverage, the police will likely inform you of this. If the police do not investigate your accident in most cases, they should , you should still exchange insurance information with the other driver.
If the other driver confesses a lack of insurance coverage, that is your cue to immediately make an uninsured motorist claim on your own auto policy. The purpose of underinsured motorist coverage is to pay for your medical bills and property damages expenses in the event the at-fault driver does not carry sufficient automobile liability insurance to cover your losses. Essentially, underinsured motorist coverage is designed to fill the gap between what your bills and expenses are following a car accident and the insurance coverage limits that the at-fault driver's policy provides.
In a situation like this, you would need to make an underinsured motorist claim on your own auto policy. Unlike getting in a car accident with an uninsured motorist, it takes time to determine whether you have been in a car accident with an underinsured motorist.
You may quickly find out the limits of the at-fault driver's coverage, but it will take time to determine the extent of your claim and where it fits or doesn't within those limits.
It will take time to determine how much medical treatment you will require, how much work you will miss, etc. As soon as you know the at-fault driver is underinsured -- whenever that may mean in your specific circumstances -- you should make your underinsured motorist claim immediately. If you find yourself in a situation where you need to make an uninsured, or underinsured, motorist clam, give notice to your insurance carrier immediately.
Typically, the time for such claims is limited sometimes a policyholder is given as little as 30 days to discover the need for the claim. Learn more about fault for a car accident. It's not usually worth it to file a personal injury lawsuit against someone who caused your car accident but carries no insurance, unless you're fairly certain that the person has significant assets, or there's some other way of satisfying a court judgment in your favor.
The more prudent route is to make a claim against your own insurance company, under your uninsured motorist UIM coverage. Most states don't require vehicle owners to carry UIM coverage; it's usually an add-on when you purchase your policy.
Underinsured driver coverage comes into play when you are hit by a driver is deemed at fault for the crash, but whose liability insurance policy limits won't cover your medical bills , your pain and suffering , and other losses stemming from the crash. In that situation, you would make a claim against your own insurance company up to the limit of your underinsured motorist coverage, but only if your underinsured driver coverage is greater than the negligent driver's policy limits.
Let's take an example. You can only take from your underinsured coverage that amount that exceeds the negligent driver's coverage. Another important thing to know about uninsured and underinsured driver coverage is that those coverages cannot exceed the amount of your primary coverage.
That's just a business decision for insurers. Uninsured and underinsured coverage is very cheap compared to regular liability coverage, so insurers don't want their clients purchasing only the minimum liability coverage and then loading up on uninsured and underinsured coverage.
If you have reason to believe that the driver who hit you is uninsured, you should give your insurer notice as soon as possible, letting them know that you intend to file an uninsured claim. Learn more about reporting an incident to your insurance company. Some car insurance policies place strict deadlines when it comes to notification of potential uninsured claims. What classifies as an uninsured motorist depends on where you live. Many states require some form of uninsured motorist bodily injury or property damage coverage for all drivers.
The law also fluctuates from state to state on what the definition of an uninsured motorist actually is. A person driving without any insurance at all is classified as an uninsured motorist, in addition to someone without liability coverage, or insufficient liability coverage to pay for the total amount of damages to your vehicle or injuries.
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