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Underinsured Drivers Compared to Uninsured Drivers
When a driver is underinsured, they have an auto insurance policy to provide for some of your damages, but it caps out before all of your damages are paid. An underinsured motorist is not violating any laws by carrying the minimum amount of auto insurance required by the state, but they can still make your life complicated if they crash into you.
On the other hand, an uninsured motorist is a driver who has no insurance at all. Drivers often become uninsured because they cannot afford to renew their auto insurance policy, or their policy was revoked due to a history of unsafe driving behaviors. In any case, it is unlawful in California to operate a motor vehicle without auto insurance.
How to Get Compensation from an Uninsured Motorist
When an uninsured motorist causes a car accident, you might have two options to recover compensation:
- UM/UIM insurance: Uninsured/underinsured motorist (UM/UIM) insurance policies are designed to get you compensation after being hit by a driver who can’t pay for your damages through their own insurance policy. To get UM/UIM coverage, you have to purchase the policy from your auto insurance company as an add-on monthly premium. When using it, you will file a first-party claim, which means you file against your insurance provider, rather than the insurer of another driver.
- Filing directly against the driver: In rare situations, you might be able to file directly against the driver. Essentially, you will sue them for money out of their personal finances or assets. This approach is typically not used because drivers who don’t have auto insurance often don’t have any money to surrender through a lawsuit. You should always speak with an experienced accident attorney first to see if it would even be worth pursuing this option.
Remove Uncertainty & Move Forward with Our Help
It is natural to be uncertain about your financial future after you were injured by a driver with little or no insurance. Get the answers you need about your situation so you can feel confident about your future by teaming up with our firm. You can trust in the extensive experience of our Folsom UM/UIM accident attorneys!
Please feel free to talk to our team. Dial (916) 500-0000 today.
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If you were injured because of someone else’s reckless or negligent actions, it’s important to hire a legal team you can trust. At Triumph Law, P.C., our Sacramento personal injury lawyers have spent years working with injured victims, and through our efforts have secured numerous multi-million dollar verdicts and settlements for our clients. We handle cases across northern California.