Dealing with Uninsured and Underinsured Motorists in Ogden

If an uninsured or underinsured driver hits you, getting compensation can be tricky. Call Flickinger Boulton Robson Weeks at (801) 500-4000 to learn how we can help you recover damages.

At Flickinger Boulton Robson Weeks, we understand how tough it can be after a car accident, especially if the other driver doesn’t have enough insurance or any at all. It’s hard enough to recover physically and emotionally, and the added stress of medical bills and lost wages can make it even worse.

If you’re dealing with uninsured or underinsured motorists in Ogden, you may not know where to start or who to trust for help. Don’t worry, we’re here to support you every step of the way. We’ll help you understand your rights, guide you through the legal process, and fight for fair compensation.

Understanding Uninsured/Underinsured Motorist Coverage

Car accidents can be stressful enough without discovering that the driver who hit you lacks adequate insurance to cover your injuries and vehicle damage. 

This is why many people in Ogden, UT, choose to add Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage to their auto policies. This coverage is designed to protect you when the at-fault driver cannot fully compensate you for your losses.

Uninsured Motorist Coverage (UM)

If the at-fault driver has no car insurance at all, your UM coverage can step in to cover medical expenses, lost wages, and other damages up to the limits of your policy. 

This means you do not have to rely on someone else’s inability to pay out of pocket. In Utah, insurers are required to offer UM coverage, but you can reject it in writing if you do not want it. We strongly recommend having this coverage for added security.

Underinsured Motorist Coverage (UIM)

Underinsured motorist coverage applies when the at-fault driver has some insurance but not enough to cover the full cost of your injuries. 

Let’s say you suffer serious injuries that require extensive medical treatment, and the other driver’s policy has only minimal coverage limits. Once their insurance pays out the maximum, your UIM coverage can cover the remaining costs up to your own policy’s limits.

Why UM and UIM Coverage Matter in Ogden

Even though Utah law requires drivers to carry a minimum amount of liability insurance, not everyone follows this rule. 

Others may carry only the bare minimum, which might not be enough for serious accidents. By having UM and UIM coverage, you are taking proactive steps to protect yourself and your family from unexpected expenses caused by uninsured or underinsured drivers.

How to Use This Coverage

If you are involved in an accident where the at-fault driver is uninsured or underinsured, you typically file a claim through your own insurance under your UM or UIM coverage. 

It is crucial to follow the proper procedures, which usually include notifying your insurance company about the accident, providing details about the at-fault driver’s coverage status, and documenting your injuries and expenses. Insurance companies often require detailed evidence to ensure the claim is valid and that the at-fault driver indeed lacks sufficient insurance.

Legal Options When the At-Fault Driver Lacks Adequate Insurance

An accident with an uninsured or underinsured driver can leave you facing mounting medical bills and car repair costs. Even if you have UM or UIM coverage, it might not fully cover all your losses, especially in cases of severe injuries. Here are some legal options and considerations if the at-fault driver does not have enough insurance:

• Filing a Claim with Your Own Insurance: Your first line of defense is to use your uninsured or underinsured motorist coverage. This coverage may pay for damages such as hospital bills, lost wages, and pain and suffering. However, every policy has limits. You may need to explore other avenues if your costs exceed these limits.
• Suing the At-Fault Driver Personally: When insurance coverage is not enough, you have the right to file a lawsuit directly against the at-fault driver. The challenge here is that many uninsured or underinsured drivers lack sufficient assets or income to pay a significant judgment. Even if you win a lawsuit, collecting the money might be difficult if the individual does not have the means to pay. We will assess the driver’s financial situation to see if this approach is viable.
• Examining Other Potential Defendants: In some cases, additional parties may share liability for the accident. For instance, if a defective part contributed to the crash, you might have a claim against the manufacturer. Or if the at-fault driver was on the job, their employer might also be liable. We will investigate every angle to find all sources of compensation.
• Mediation or Arbitration: If you are in a dispute with your own insurance company about your UM or UIM claim, many policies require mediation or arbitration before you can file a lawsuit against your insurer. Mediation is a negotiation process with a neutral third party, while arbitration is a more formal process that can result in a binding decision. These methods can sometimes provide a quicker resolution than going to court.
• Negotiating a Payment Plan: If you decide to sue the at-fault driver and they do not have the money to pay a lump sum, you might negotiate a payment plan. While this will not give you immediate relief, it might be the only option to gradually recover some of your losses.
• Working with a Skilled Attorney: Handling an uninsured or underinsured motorist claim can be more complicated than a standard car accident case. You will likely have to deal with insurance policies with specific clauses and coverage limits. You might also need to explore alternative legal strategies to recover the compensation you need. 

At Flickinger Boulton Robson Weeks, we will guide you through all your options, advise you on the best course of action, and advocate for you from start to finish.

Steps to Take After an Accident with an Uninsured/Underinsured Driver in Ogden, UT

In the moments following a car accident, it can be hard to stay calm, especially if you discover the other driver is uninsured or underinsured. However, taking the proper steps early on can significantly improve your chances of a successful claim later. Here is what you should do if you ever get into an accident involving an uninsured driver:

1. Ensure Safety and Call for Help: Your health and the health of others is the most critical concern. If anyone is injured, call 911 as soon as you can. Even if injuries are not apparent right away, it is wise to get a medical evaluation because some injuries take time to show up.
2. Contact the Police: Having an official police report can be very valuable. The report often includes details about how the accident happened and whether any citations were issued. If the other driver admits they lack insurance, be sure to inform the officer so it is noted in the report.
3. Document the Scene: If possible, take pictures of the vehicles, any visible injuries, and road conditions. Exchange contact and vehicle information with the other driver, even if they do not have insurance. Also, contact details should be gathered from any witnesses who saw the accident. Their statements can help back up your claim.
4. Notify Your Insurance Company: Report the accident to your insurance provider immediately. Tell them that the other driver is uninsured or may not have enough coverage. Follow your insurer’s instructions, but keep your statements factual and brief. Avoid accepting blame or discussing details that could be used against you.
5. Seek Medical Attention and Keep Records: Even if you feel fine, it is wise to see a doctor. Injuries such as whiplash or internal damage can show up later. Keep all medical records, prescriptions, and bills. This information will be crucial if you file a claim under your UM or UIM coverage.
6. Consult a Car Accident Lawyer: Uninsured or underinsured motorist claims can be tricky. Insurance companies may try to downplay your injuries or argue that you do not qualify for coverage. A skilled Ogden car accident lawyer can help protect your rights. We will collect all necessary documentation, communicate with your insurance company, and fight for the settlement or verdict you deserve.
7. Avoid Direct Negotiations with the Other Driver: Even if the at-fault driver claims they will pay for your damages out of pocket, be cautious. Without insurance, it may be tough to enforce any agreement. It is best to handle everything through official channels, such as your insurance company and your attorney.
8. Keep Notes on Everything: Write down details about the accident, conversations with the other driver, and interactions with medical professionals. Save receipts for travel expenses to doctor visits, medical supplies, or any other accident-related costs. This record-keeping helps strengthen your claim.

How Our Firm Assists Clients in This Situation

Dealing with an uninsured or underinsured motorist claim in Ogden adds a layer of complexity to an already stressful event. At Flickinger Boulton Robson Weeks, we are ready to step in and help you navigate the legal and insurance hurdles. Here’s what we can do for you:

• Evaluate Your Coverage: We start by looking at your auto insurance policy to understand what type of uninsured or underinsured motorist coverage you have. We will explain your policy limits and what kinds of damages are covered. This helps us figure out the best strategy for recovering your losses.
• Investigate the Accident: Gathering strong evidence is essential. We collect police reports, witness statements, and any available photos or videos. We consult accident reconstruction experts to show how the crash happened if needed. This level of detail helps us make a powerful case, whether we negotiate with your insurer or consider other legal avenues.
• Determine the At-Fault Driver’s Financial Status: If the at-fault driver lacks adequate insurance, we will explore whether they have other assets or income that could be used to compensate you. Sometimes, the driver might own property or have other resources you can pursue in a personal lawsuit. We will guide you on whether pursuing a direct lawsuit is worthwhile.
• Handle Communication and Negotiation: Communicating with insurance adjusters can be overwhelming, especially when you’re trying to heal. We take over all discussions, ensuring that your best interests are protected. Our negotiation tactics are based on our knowledge of Utah insurance laws and local court procedures. We will push for the highest possible settlement under your UM or UIM policy.
• Explore Alternative Legal Approaches: If your uninsured or underinsured coverage appears not enough to cover all your expenses, we will see if other parties might share responsibility. Could a vehicle manufacturer be liable for a defect? Was the at-fault driver working for an employer at the time? Our legal team will investigate every possibility to secure additional compensation.
• Prepare for Litigation if Necessary: Sometimes, insurance companies refuse to pay a fair amount, even under your own policy. If that happens, we will discuss filing a lawsuit against your insurer for bad faith or proceed with any arbitration clauses in your policy. Should we need to go to court, rest assured that we have experience presenting uninsured and underinsured motorist cases before judges and juries in Ogden.
• Keep You Informed and Supported: We understand your stress and uncertainty. Our goal is to provide compassionate, personalized service. We will keep you updated on all case developments and answer any questions you have. We hope to give you space to focus on your recovery by taking the legal burden off your shoulders.

Victims may struggle to get fair compensation when an at-fault driver doesn’t have enough insurance. We have helped clients in complex insurance cases, pushing for the best possible outcome. With our experience in high-value settlements, we ensure you aren’t left paying for someone else’s mistake.

When you work with our team of Ogden car accident attorneys, you are not just another case file. You are a person who needs help covering medical bills, repairing or replacing your car, and returning to everyday life. We are here to advocate for you and ensure that a lack of adequate insurance does not prevent you from getting the compensation you need.