Car Accidents Involving Uninsured and Underinsured Drivers

Getting hit by an uninsured or underinsured driver can complicate your claim, but you don’t have to let coverage issues stop you. Call Flickinger Boulton Robson Weeks at (801) 500-4000 to protect your interests and get a free case review.

Most people expect that that most drivers around them on the road have auto insurance as required by law. However, if you’ve dealt with an accident involving an uninsured driver, you know how quickly things can get complicated.

When another vehicle crashes into your car, leaving you injured and your vehicle badly damaged, the last thing you want to find out is that the other driver has no insurance or only carries a minimal policy that does not come close to covering your expenses. As medical bills pile up and lost wages add to your stress, you wonder how you will afford the cost of treatment and time off work.

It is frustrating to think that you are the one suffering the financial burden when the crash was not your fault. Why should you have to pay for someone else’s negligence?

At Flickinger Boulton Robson Weeks, we help Utah residents navigate these difficult situations. Our attorneys have successfully assisted many clients in recovering compensation after accidents involving uninsured or underinsured drivers. If you were injured due to someone else’s negligence, you still deserve fair compensation. In this article, we will break down the laws, insurance options, and legal strategies available to help you move forward.

Understanding Utah’s Uninsured Motorist Laws

Utah law mandates that motorists carry a minimum amount of insurance, yet some drivers still fail to maintain coverage. To protect yourself, you can carry uninsured motorist (UM) coverage, which steps in if the at-fault driver lacks any policy. Typically, insurance carriers bundle UM with underinsured motorist (UIM) coverage, designed to help you if the at-fault driver’s policy falls short.

Utah’s UM laws allow you to claim for injuries caused by a driver who is not insured or flees the scene. Although you might pay a higher premium for UM or UIM coverage, these safeguards can become invaluable after a collision with someone who fails to follow insurance obligations. If an uninsured driver hurts you, your own UM policy can pay for medical costs, lost wages, or pain and suffering, up to your coverage limits.

The advantage is that you do not have to rely solely on the at-fault driver’s nonexistent insurance or personal funds, which are usually insufficient to handle substantial damages. However, collecting can still be complex, especially if your own insurer challenges the claim or tries to limit payouts. Consulting a local West Valley City attorney ensures you properly file and enforce your UM coverage rights.

Steps to Take If You Are Hit by an Uninsured Driver in West Valley City

Collisions involving an uninsured motorist introduce extra headaches, but acting quickly and wisely can protect your well-being and any future claim. Here are the steps you should take:

Seek Medical Help

First and foremost, take care of your health. Even mild pain might signal deeper issues, so visiting a doctor helps you catch serious conditions that could be masked by adrenaline after the crash. Detailed records of injuries detailing the connection to the crash are also important for making sure you have a strong personal injury claim.

Call Law Enforcement

Request the police to come to the scene so an official report can be made. Inform the officer that the at-fault driver does not appear to have insurance. This report can confirm the driver’s lack of coverage and document your statement about the collision.

Exchange Information and Document Evidence

While an uninsured driver may not have insurance details, gather their contact info, license plate, and driver’s license information. Snap photos and take notes about the physical scene, including positions of the vehicles, road conditions, and skid marks. If any witnesses saw what happened, gather their names and phone numbers. Credible third-party accounts can provide strong evidence to support your claim.

Notify Your Insurer

If the other driver cannot cover your damages, you may be able to file a claim under your uninsured motorist coverage if you have it. Before moving forward, review your policy to confirm your coverage and understand the conditions. Since your own insurance company will be responsible for the payout, they may try to minimize your claim or offer a lower settlement. To protect your rights, keep communication brief and avoid providing unnecessary details without guidance from an attorney.

Consider Consulting a Lawyer

Managing negotiations or potential litigation can be overwhelming, especially if you are dealing with trying to recover from major injuries. A West Valley City car accident lawyers familiar with uninsured motorist claims can check your policy, protect your rights, and push insurers to meet your legitimate needs.

Explore Other Payment Avenues

If the uninsured driver has personal assets, you might explore a direct claim against them. In practice, many uninsured drivers do not hold enough resources to cover big bills, which is why your UM coverage typically provides the best safety net. Still, it’s worth looking into.

Through these steps, you gain clarity on the accident scene, protect your medical interests, and lay the groundwork for a fair resolution. Being hit by an uninsured driver is frustrating, but quick, organized action can help you move forward with confidence.

Legal Strategies for Recovering Compensation

Recovering compensation after an accident with an uninsured or underinsured driver can be challenging, but there are legal strategies that can help you secure the financial relief you need. Understanding your rights, exploring all available insurance options, and taking the right legal steps can make a significant difference in the outcome of your claim. This section outlines key strategies to help you maximize your compensation and protect your interests.

Pursuing Your Uninsured Motorist Coverage

The first step typically involves filing a UM claim with your auto insurance. You must show the uninsured driver caused the crash, and that your medical bills, lost wages, and other damages exceed any coverage they might hold (or do not hold at all). Your insurer may scrutinize your medical history or attempt to reduce the payout.

Presenting medical records, accident scene data, and evidence of the driver’s fault is critical. Insurers can act as though they are the adverse party, so you often need robust proof and potential negotiations akin to a standard injury claim.

Filing a Lawsuit Against the Driver

Although many uninsured drivers have minimal resources, occasionally one may own assets or property that could potentially compensate you. Filing a suit means proving negligence and your resulting losses. If the driver has bank accounts or valuable assets, the court might permit wage garnishment or asset liens to fulfill a judgment. However, if the defendant lacks meaningful means, your award may go unpaid.

Stacking Coverage

In Utah, some individuals can stack policies if they hold multiple auto policies or if an employer’s coverage might apply. This approach can yield a higher combined limit to address extensive injuries. A lawyer can help analyze which policies might come into play, especially if the accident happened on your job or in a borrowed car.

Arbitration or Mediation

Some UM policies require arbitration instead of a trial to settle disputes. This alternative dispute resolution can be less expensive or quicker but demands careful preparation to present evidence persuasively. If your policy’s language insists on binding arbitration, your lawyer can guide you through the steps to ensure a fair award.

Comparative Negligence

The defendant’s insurer, if any, or even your insurer may argue you contributed to the crash. If they prove you were partially at fault, your recovery might be reduced proportionally. Demonstrating the uninsured driver’s sole or primary blame strengthens your compensation. Detailed accident reports, photos, and witness accounts can dispel attempts to shift blame.

Potential Third Parties

Sometimes other factors played a role. For instance, if a road hazard or defective car part contributed to the collision, a third party might share liability. Identifying these extra angles can supplement your claims if the uninsured driver alone lacks the resources or coverage.

An experienced attorney can combine these strategies, ensuring you file all necessary claims, comply with policy obligations, and present evidence convincingly. Through thorough investigation, negotiation, or litigation, you can pursue the financial help you need for ongoing medical bills and a stable path to recovery.

Filing a Claim Through Your Own Insurance

When an uninsured or underinsured motorist injures you, your best recourse often involves your own auto policy’s UM or UIM coverage. Although you pay monthly or yearly premiums for this protection, receiving fair compensation is not always straightforward. Below are essential points to remember when filing a claim through your insurance:

Policy Notification

Start by letting your insurer know about the accident soon, ideally within 24 to 72 hours. Provide basic facts about where it happened, the vehicles involved, and any injuries you have. Do not embellish or accept partial blame, since even your insurer might use statements against you to lower a potential payout.

Evidence of Fault

Even if you are claiming under your policy, you need to show the other driver caused the collision and lacks adequate coverage. Retain the police report, witness statements, and photos of the damage or crash scene. Without demonstrating the other driver’s liability, your UM or UIM benefits might be delayed or reduced.

Proving Damages

Because your insurance is essentially stepping into the shoes of the at-fault driver, your insurer may evaluate your injuries and damages as if defending a typical third-party claim. Document your medical treatments meticulously, keep receipts for all expenses, and compile evidence of lost wages. This helps you justify the compensation figure you request.

Avoid Quick Settlements

Just because it is your own insurer does not mean they will pay top dollar immediately. They can minimize or question your medical needs, especially if your injuries require expensive, long-term care. Remain cautious if offered a fast settlement soon after the crash.

Right to Arbitration

Many UM and UIM policies allow arbitration if disagreements arise, avoiding a full trial. Arbitration can speed up the process, but you will still need strong evidence. An attorney can represent your interests in these proceedings, ensuring you do not accept a meager result.

Seeking Legal Counsel

Having a lawyer experienced in uninsured motorist claims can help counter any pushback. They can interpret your policy coverage, negotiate strongly, and, if necessary, escalate to arbitration or litigation. This safeguards you from surrendering important rights.

Successfully filing under your own policy requires the same care and documentation as a claim against someone else’s coverage. Stay organized, be precise in communications, and remain prepared to push for the benefits you have been paying for in your premiums.

Contact a Car Accident Lawyer in West Valley City

If you have been involved in an accident with an uninsured or underinsured driver, Flickinger Boulton Robson Weeks is here to help you navigate this challenging process. Our firm brings a personal approach, ensuring that every aspect of your case is carefully handled, from verifying the at-fault driver’s lack of coverage to working with your own insurer.

Call (801) 500-4000 to schedule a free consultation. Let us evaluate your situation, explain your legal options, and assist you in securing the compensation you need to move forward with confidence.