If you suffered an injury in an accident with an uninsured driver, your own Uninsured Motorist (UM) policy can help cover medical expenses, lost income, and pain and suffering. UM insurance is designed to protect you when the at-fault driver lacks sufficient insurance or has no insurance at all. Your policy can step in to provide compensation, but you will need to meet certain requirements, such as demonstrating your injuries and proving that the uninsured driver caused the accident.
A skilled motor vehicle accident attorney can handle the procedure involved in a UM claim. They will gather evidence, deal with insurance companies, and ensure that you receive the full compensation to which you are entitled.
How Do Uninsured Drivers Negligently Cause Accidents?
Uninsured drivers often contribute to accidents due to their negligence, and while these accidents can happen in many ways, there are a few common causes. These drivers tend to take risks and fail to follow traffic laws, which can result in dangerous situations on the road.
One of the most common ways uninsured drivers cause accidents is by speeding. When drivers go over the speed limit or drive too fast for road conditions, they reduce their ability to react quickly to sudden changes. For example, if a driver is speeding and needs to brake suddenly to avoid hitting another vehicle or pedestrian, they may not have enough time to stop safely. This scenario can lead to rear-end collisions or other accidents, especially in heavy traffic or adverse weather conditions.
Another common cause is distracted driving. Many uninsured drivers engage in activities like texting, talking on the phone, or eating while driving. These distractions take their attention away from the road, making it harder for them to notice hazards, follow traffic signals, or react to sudden changes in traffic patterns. For instance, if an uninsured driver is looking at their phone and does not notice a red light, they may run the light and cause a crash with cross-traffic.
Driving under the influence (DUI) is another key factor in accidents involving uninsured drivers. Alcohol and drugs impair a driver’s judgment, reaction time, and coordination. Uninsured drivers who are intoxicated may fail to notice signs of danger or make poor decisions, like turning without signaling or failing to yield right-of-way. These actions can result in serious accidents, often with severe consequences.
Failing to yield the right-of-way or obey traffic signals is another mistake uninsured drivers frequently make. For instance, a driver may run a stop sign or fail to yield when turning left at an intersection. These actions can cause dangerous crashes, especially when the other driver is not expecting it. Inexperienced or reckless driving is also a factor, as some uninsured drivers may not fully understand road rules or may drive aggressively.
Finally, uninsured drivers are often less cautious about vehicle maintenance. They may neglect to fix broken lights, replace worn-out tires, or address other safety issues with their cars. This neglect increases the likelihood of accidents due to mechanical failures or poor visibility.
Frequent Injuries in Motor Vehicle Crashes
Accidents due to uninsured motorists often result in serious injuries as these drivers tend to be reckless or negligent behind the wheel. The types of injuries victims suffer in such collisions can vary depending on the severity of the crash, but there are several common ones that occur in these situations.
One of the most frequent injuries in accidents due to uninsured drivers is whiplash. Whiplash occurs when the head and neck suddenly jerk forward and then back, typically during a rear-end collision. This rapid movement can strain or tear muscles, ligaments, and tendons in the neck and upper back, causing pain, stiffness, and headaches. Whiplash can sometimes lead to long-term discomfort or complications, especially if the injury is not treated properly.
Fractures and broken bones are also common injuries in collisions. When two vehicles crash at high speeds or with significant force, the impact can cause limbs, ribs, or even the spine to break. These fractures may require surgery, long-term rehabilitation, and can lead to permanent disability depending on the severity of the injury. Broken bones can also complicate recovery, as they often result in extended hospital stays and time off work.
Head injuries, including concussions and traumatic brain injuries (TBIs), are among the most serious injuries resulting from car crashes. When an uninsured driver causes a collision, the force of the impact can cause victims to strike their heads against the steering wheel, dashboard, or window. A concussion can lead to symptoms like dizziness, nausea, confusion, and memory loss. More severe TBIs can result in lasting cognitive or physical impairments, including difficulty with speech and movement or even permanent brain damage.
Chest injuries, including bruising, broken ribs, and damage to internal organs, are also common in car collisions. The seatbelt, while essential for safety, can sometimes cause injury to the chest during a crash, especially if the driver or passenger is thrown forward. Internal injuries to organs like the lungs, heart, or liver can be life-threatening and often require immediate surgery and long-term care.
Finally, injuries to the back and spine are common in high-impact crashes. Victims may suffer from herniated discs, nerve damage, or spinal cord injuries, which can lead to chronic pain, limited mobility, or even paralysis in the most severe cases.
Proving an Uninsured Motorist Claim
To prove the legal elements of a UM claim, a person must show several key factors. These elements help establish that someone who lacked sufficient insurance caused the accident and that the claimant is entitled to compensation under their own insurance policy. The following are the main elements that must be prove
- Proof of an Accident – First, the claimant must prove that an accident occurred, typically by providing accident reports, witness statements, photos of the scene, and medical records that show injuries from the accident. The claimant may also use testimony from the police officer who responded to the scene. Establishing that the accident actually happened is a basic but critical first step.
- Identification of the At-fault Party – The next element involves proving that the at-fault driver was uninsured or underinsured. Identifying an at-fault party means that the other driver either did not have any car insurance or had insufficient coverage to fully pay for the damages. To prove that the other driver was uninsured or underinsured, the claimant may need to gather the at-fault driver’s insurance information – or lack thereof – and confirm that the other driver did not have valid or adequate insurance at the time of the accident. If the at-fault driver does not cooperate, the claimant may need to rely on the police report or other evidence to demonstrate that the other driver was indeed uninsured.
- The Claimant’s Own Insurance Coverage – The claimant must show that they have uninsured motorist coverage as part of their own auto insurance policy. Most states require insurance companies to offer UM coverage, but the policyholder may waive or reject it. To prove eligibility for the UM claim, the claimant will need to show that this type of coverage was in place at the time of the accident. A copy of the insurance policy or coverage declarations page can serve as evidence.
- Fault and Causation – The claimant must also establish that the uninsured driver was at fault for the accident. Proving fault typically involves showing that the other driver’s negligence or reckless driving caused the accident. Evidence may include traffic citations, witness testimony, or expert testimony regarding the cause of the crash.
- Injuries and Damages – Finally, the claimant must provide evidence of physical injuries and property damage resulting from the accident. This evidence includes medical records, bills, and photographs of injuries or vehicle damage. These documents help demonstrate the extent of the harm suffered and the need for compensation under the UM policy.
Types of Compensable Losses in an Uninsured Motorist Claim
In a UM claim or lawsuit, the victim of an accident due to an uninsured or underinsured driver can seek compensation for their various losses. The compensation is meant to cover the losses and damages resulting from the accident. Here are the main types of compensable losses:
- Medical Expenses – One of the most common losses is for medical expenses. These expenses include the cost of emergency care, hospital stays, surgeries, doctor’s visits, physical therapy, and any other medical treatments needed due to the injuries from the accident. Even future medical costs related to long-term treatment or rehabilitation can be included if they are anticipated as a result of the accident.
- Lost income – If the accident causes the victim to miss work due to injuries, compensation for lost income can be claimed. This compensation includes not only the actual earnings lost during the recovery period but also potential future lost earnings if the victim is unable to return to work in the same capacity or has to take a lower-paying job because of the injury. Documentation such as pay stubs, tax returns, and a letter from the employer may be needed to prove lost income.
- Pain and Suffering – Pain and suffering compensation is designed to address the physical and emotional toll of an accident. This type of recovery can include the pain from injuries, the mental anguish of dealing with the accident, and any emotional distress the situation caused, such as anxiety or depression. Although this type of damage is more subjective, it is an important part of a UM claim and can be supported by medical records, testimony from doctors, and personal testimony about how the injury has affected the victim’s life.
- Property Damage – When a victim’s vehicle is damaged or destroyed in an accident, compensation for property damage can be sought, including repair costs or the replacement value of the vehicle if it is totaled. If the car is repaired, receipts for the repair work and estimates for the vehicle’s value are typically needed to prove this claim.
- Loss of Consortium – Loss of consortium refers to the loss of companionship and relationship due to the victim’s injuries. A spouse who can demonstrate that the accident has affected their relationship and quality of life can claim this type of loss. It can include loss of intimacy, emotional support, and the ability to share in daily activities.
- Punitive Damages (In Certain Cases) – While rare, punitive damages may be awarded in cases where the at-fault driver’s behavior was particularly reckless or malicious. For example, if the uninsured driver was driving under the influence of alcohol or drugs, punitive damages may be considered as a way to punish the driver and deter similar behavior in the future.
How Can a Lawyer Help with a Car Accident Claim Involving an Uninsured Motorist?
If you are involved in a car crash caused by an uninsured driver, a car accident lawyer can be a valuable asset in handling the legal and insurance processes. Uninsured drivers create added challenges, but an attorney can assist in several key ways to ensure you receive the compensation you deserve.
Assessing Your Insurance Coverage
One of the first steps an attorney can take is reviewing your insurance policy to identify any coverage that may apply in the event of an accident with an uninsured driver. If you have uninsured motorist coverage or collision coverage, your attorney determines how these policies work and what you are entitled to recover. If you are unsure whether you have the right coverage, an attorney can advise you on your options and assist in filing a claim with your insurance company.
Dealing with Insurance Companies
Insurance companies are focused on protecting their own interests, and they may try to minimize the amount they pay out. A lawyer can handle all communication with your insurance company to ensure that your claim is processed fairly. They can also negotiate with the insurer to maximize your compensation, especially if your damages or injuries are significant. If the insurer is refusing to provide adequate coverage or disputing your claim, your attorney can build a strong case to push back.
Filing a Lawsuit Against the Uninsured Driver
If the uninsured driver is at fault for the accident, and you are unable to recover enough compensation from your insurance policy, your lawyer can take legal action. They can file a lawsuit against the uninsured driver for damages, such as lost income, pain and suffering, and any other non-economic damages. A lawyer will gather the necessary evidence, such as accident reports, witness statements, and medical records, to build a strong case in court.
Guiding You Through Legal and Court Procedures
If the case goes to court, an attorney can represent you throughout the legal process. They will ensure you meet all deadlines, handle paperwork, and prepare you for hearings. Having a lawyer by your side can reduce the stress of dealing with complex legal proceedings and increase your chances of a favorable outcome.
Exploring Other Avenues of Compensation
In some cases, a lawyer can identify other sources of compensation. For example, they may explore whether the uninsured driver has assets that can be used to satisfy a judgment. If the driver is underinsured, your lawyer will determine if you can pursue additional claims, such as claims for negligent maintenance, or against other responsible parties involved in the accident.
Speak with an Experienced Motor Vehicle Accident Attorney Today
If you suffered injuries in an accident that an uninsured driver caused, you have legal options available. A skilled personal injury lawyers at the Robinette Legal Group, PLLC can pursue an uninsured motorist claim or lawsuit on your behalf and work to maximize your compensation.
Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.
