Filing a Claim Against an Uninsured Motorist
Filing a claim against an uninsured motorist can be challenging, but there are steps you can take to protect yourself and potentially recover damages. Here’s a general guide on how to proceed:
- Contact the Police: Always contact the police immediately after the accident to file a report. This is crucial for documenting the incident, even if the other party is uninsured.
- Gather Information: Collect as much information as possible from the other driver, including their name, address, and contact information. Also, try to get information from witnesses and take photos of the accident scene, the vehicles involved, and any visible injuries.
- Notify Your Insurance Company: Inform your insurance company about the accident immediately. Even if the other motorist is uninsured, your policy may have uninsured motorist (UM) or underinsured motorist (UIM) coverage to help cover damages and injuries.
- Uninsured Motorist Coverage: This is optional in some places but mandatory in others. It is designed to cover your losses caused by an uninsured driver. Depending on your policy and state, this can include medical bills, lost wages, and sometimes even property damage.
- File a Claim: If you have UM or UIM coverage, you must file a claim under your policy. Provide your insurer with all the necessary documentation, including the police report, photos, medical records, and receipts related to the accident.
- Consider Your Legal Options: If your insurance coverage is insufficient to cover your losses, or if you do not have UM/UIM coverage, consider taking legal action against the uninsured driver. Consult with a personal injury attorney to discuss your options is often advisable. Remember, however, that if the other driver lacks insurance, they may not have the means to pay a judgment, making it difficult to recover damages.
- State-Specific Funds: Some states have uninsured motorist funds to help victims of accidents with uninsured drivers. These funds may provide a source of compensation for your injuries and damages. Check if your state has such a fund and, if so, the eligibility criteria for making a claim.
- Preventative Measures: Review your auto insurance policy to ensure adequate UM/UIM coverage. This coverage can be invaluable in protecting you against losses caused by uninsured motorists.
What to Do If You’ve Been Hurt in an Accident with an Uninsured Motorist
If you get into an accident with them, you must file with your insurance company. An uninsured motorist claim needs to be filled out. There are several steps you should take to protect your rights at the scene of the accident.
- Contact law enforcement
- Acquire the driver’s name, contact information, and license number
- Get immediate medical attention
- Save any possible evidence from the scene
- Contact a Nevada auto insurance attorney to learn your options