Skip to main content

Fairmont Personal Injury Attorney Explains Uninsured Drivers vs. Insured Drivers

Posted by attorney Timothy Miley

In some cases, hiring a Fairmont personal injury attorney may be necessary to recover compensation for damages in an accident. The injuries sustained in a car accident can be quite expensive, which is why many states require that drivers obtain auto insurance. However, there is a big difference between filing a car accident claim if the responsible driver was insured versus filing a claim against an uninsured driver.

Filing a Claim against an Insured Driver

The first steps you should take immediately after a car accident is to call the police and exchange auto insurance information with the other parties involved. After receiving medical attention, you should call the responsible party's insurer to file a claim. Before calling, make sure you have the name of the insured driver and the policy number.

In addition, you should call your own auto insurance provider to let them know about your accident. Depending on your coverage, you may use your own policy to pay for property damage and medical expenses. Your insurer can later recover this money from the other insurance company.

When you speak to either insurance company, be sure to ask for the claim number and keep it in a convenient location; you will need this information when you call back for a status update on your car accident claim.

To determine the amount of your settlement, the responsible driver's insurance company will assign an adjustor to look into your traffic collision. After reviewing the evidence, a settlement will be offered. It may be worth speaking to a personal injury attorney to determine if the amount will cover your expenses.

Recovering Damages from Uninsured Drivers

If the driver does not have insurance, recovering damages for your car accident may be more difficult. While you may be entitled to file a lawsuit, the driver may not have enough assets to cover your expenses. However, some states may make it so uninsured drivers cannot have their license renewed until they have paid back the amount awarded to you in a lawsuit.

You may have an uninsured driver’s policy with your insurance provider. If this is the case, your insurance company can compensate you for expenses if you were hit by an uninsured or underinsured motorist or in a hit-and-run collision.

You can also check to see if the uninsured driver is covered by someone else's insurance policy. For example, if the driver is a dependant, you may be able to file a claim against his or her parents’ insurance.

Contact a Fairmont Personal Injury Attorney

If you have recently been involved in a car accident, whether with an insured or uninsured driver, a Fairmont personal injury attorney can help negotiate a settlement with the auto insurance company to ensure that you are justly compensated for your injuries, property damage and more. The Miley Legal Group is dedicated to helpingWest Virginia residents deal with insurance companies. To learn how they can help you, please call 304-931-4088 or 888-436-0859 today for more information.

Author of this guide:

Was this guide helpful?

Avvo personal injury email series

Sign up to receive a 3-part series of useful information and advice about personal injury law.

Recommended articles about Personal injury

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer