If you are hurt in an accident, you may expect to be able to file a claim with the at-fault party’s insurance policy and move on with your life. Sometimes, the process is not that simple, especially if the other party does not have insurance or their policy is too little to cover the losses you have. This is where uninsured and underinsured accidents come into play. Knowing your rights in these situations can prove to be critical.
Speak with a Charleston car accident lawyer today from Salango Law, PLLC at (304) 342-0512.
You Can Recover Damages from an Uninsured Driver
West Virginia requires drivers to maintain insurance. That includes liability insurance that protects other drivers from accidents and injuries that others cause. The state’s required insurance includes:
- $25,000 for one crash and one injury
- $50,000 for one crash with two or more injuries
- $25,000 in property damage
Drivers are legally required to maintain this insurance, but they often do not. In some situations, the person who causes the accident will not have insurance in place. This can be a critical situation. You have several options to move forward in this situation.
The first is that you can file a lawsuit against the person who is at fault. Even without insurance, they still owe you compensation for the losses. In this situation, you will be able to force the sale of assets to cover your losses. The problem with this method is that those who do not have car insurance may not have the assets necessary to pay for your losses in full.
The alternative option is to file a claim with your own uninsured driver policy. This policy is one you purchase that protects you in situations where the other party does not have insurance coverage. You can claim damages up to the coverage you purchased. The insurance company may try to seek compensation against the at-fault party later.
This also applies in situations where you do not know who the at-fault driver is. In a hit-and-run accident, your uninsured driver policy kicks in to provide you with protection for your losses up to the amount of coverage you have.
If an uninsured driver caused an accident costing the life of your loved one, contact a wrongful death attorney in Charleston today to get the justice they deserve.
You Can Recover Damages If the Other Driver Does Not Have Enough Insurance
Another situation can occur in which the at-fault driver has insurance, but they have the bare minimum. Many times, a serious car accident can be 4 or 5 times the state minimum insurance requirements. In this situation, you again have options. You could still seek a lawsuit against those who are at fault, and that is more feasible in this situation. However, that does not mean you will get enough to cover your losses.
Your underinsured motorist coverage helps here. It provides you with compensation for up to the amount of coverage you have for the amount over and above what the other driver’s coverage did not meet. For example, if they have a $10,000 policy and your injuries are worth $15,000, you can recover that extra $5,000 from your policy up to the limit of coverage you have in place.
If you are hurt in an accident with a driver who does not have insurance or enough of it, you are facing an uninsured or underinsured accident claim. At Salango Law, PLLC, we encourage you to seek legal guidance from our team at a free consultation. Let us build your case so you can file a complete claim.
Call (304) 342-0512 or contact us online today.