What Happens If You Get Hit by an Uninsured Motorist?

What Happens If You Get Hit by an Uninsured Motorist
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You’re driving, minding your own business, when suddenly—BOOM! You get hit by an uninsured driver. This situation is unfortunate and can leave you confused about the next steps. You might be wondering, “What should I do? Who do I call? Will I be able to cover the damages?”

This article provides all the information you need to navigate this challenging situation and secure the best possible outcome.

What Should I Do After Getting Hit By an Uninsured Driver?

If you get hit by an uninsured driver, here’s what you need to do:

1. Call Authorities

Always call the police, especially when dealing with an uninsured driver. The police report will be critical for making claims with your insurance company and ensuring you can cover the damages.

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2. Reject Any Immediate Money

The uninsured driver may try to offer you money on the spot to avoid fines and penalties. Do not accept this. You don’t know the full extent of the damage or potential medical costs.

3. Exchange Information

Even though the driver doesn’t have insurance, collect as much information as possible. Get the car’s make, model, license plate, and contact information. Don’t forget to speak to witnesses and gather their details too.

4. Capture All Details

Take note of the time and location of the accident. If police officers arrive, write down their names and badge numbers. Record other important details to ensure your insurance claim is processed smoothly.

5. Take Photos

Photograph everything—from the damage to your vehicle, road signs, license plates, and even the direction of traffic. Documentation is key to ensuring you get proper compensation.

How Likely Am I to Encounter an Uninsured Driver?

It might surprise you, but about 1 in 8 drivers on the road is uninsured. In some states, like Massachusetts, uninsured drivers pose a significant risk, making it essential to ensure your auto insurance policy includes uninsured motorist coverage.

You can check specific statistics for your state by visiting the Insurance Information Institute website.

Who Pays for Bodily Injuries After an Accident with an Uninsured Driver?

If you live in Massachusetts, the auto policy provides $20,000 per person or $40,000 per accident for bodily injury caused by an uninsured motorist. You can purchase higher liability limits if you want additional protection.

Uninsured motorist coverage will cover:

  • Medical bills
  • Loss of wages
  • Pain and suffering
  • Funeral costs

Who Pays for Car Damage After an Accident with an Uninsured Motorist?

Your collision coverage will pay for damages to your vehicle if you have it as part of your policy. After the accident, your insurance company will send an appraiser to estimate the repair costs. You must pay a deductible, which will be subtracted from the repair estimate.

How Do I Sue an Uninsured Motorist?

If you choose to sue the uninsured driver, you’ll likely file the lawsuit in small claims court. Winning the case can get you a court order to recover damages. However, remember that uninsured drivers may not have the resources to pay.

  • Location Matters: Some states, including Massachusetts, have “no-fault” insurance laws that limit your ability to sue. However, in cases of significant damages or medical expenses, you may still be able to file a lawsuit.
  • Process of Filing: Provide as much documentation as possible to strengthen your case. The more evidence you have, the higher your chances of winning.
  • Consider Legal Costs: Most lawyers work on a contingency fee, which means they get paid only if you win. If you don’t win, there may still be court fees.

Planning for the Worst: Uninsured Motorist Protection

You cannot control other drivers’ decisions, but you can protect yourself by ensuring your insurance policy adequately covers uninsured motorists. Take the time to review your policy with an insurance specialist to see if you need to increase your limits or add coverage.

Compare Rates

If you’re considering switching policies or buying a new car, talk to your insurance provider to compare rates. Remember that insurance premiums can vary based on your vehicle’s safety features, repair costs, and likelihood of theft.

Avoid Gaps in Coverage

Make sure your coverage does not lapse, as even a brief gap can lead to higher rates. If you’re switching policies, plan carefully to ensure your new policy starts as soon as the old one ends.

Claim Discounts

Many insurance companies offer discounts if your vehicle has safety features like anti-lock brakes or anti-theft devices. Don’t hesitate to ask your insurance agent about potential discounts for things like good driving behavior or completing a defensive driving course.

Who Pays for Damages After an Accident with an Uninsured Driver?

The answer depends on your state’s classification of insurance laws:

  • Civil Wrong/Tort: The at-fault driver pays for the damages. If they’re uninsured, and you have uninsured motorist coverage, your insurer will pay.
  • No-Fault: Damages are split between the parties involved, regardless of who is at fault. In this case, your insurer will cover some damages, even if the other driver is uninsured.

You cannot sue in no-fault states unless the damages are significant or medical bills exceed certain limits.

Just Because They’re Uninsured, You Don’t Have to Be

Now that you know what to expect after getting hit by an uninsured motorist, you are well on your way to finding the best course of defense against the sad, unfortunate outcomes of such situations.

It takes guts to go through the entire process of financial recovery from an accident such as this, not to mention the physical and mental pains that have to be suffered.

If you’re looking for personal car insurance that includes coverage for uninsured drivers, contact us, and we will happily accommodate your needs. We cover a variety of insurances, not just vehicular. Our coverage is for the entire state of Massachusetts.
 

Uninsured Driver FAQs

Call the authorities, gather witness information, and take pictures of the accident scene.

Yes, if you have uninsured motorist coverage, it will cover medical expenses, lost wages, and more.

Yes, you can file a lawsuit, but recovery may be difficult if the driver has limited resources.

Uninsured motorist coverage and collision coverage are essential for protection against uninsured drivers.

Approximately one in eight drivers on the road is uninsured, so having adequate coverage is essential.


 

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