Car Accidents Involving Uninsured and Underinsured Drivers

At Flickinger Boulton Robson Weeks, we are committed to providing you with the personalized attention and support you need during this challenging time. Reach out today, and let us help you take the next steps toward securing the compensation you need to move forward.

Car accidents are stressful enough without the added complication of dealing with an uninsured or underinsured driver. Unfortunately, these types of accidents are all too common, and when they occur, victims often face the challenge of obtaining fair compensation for their injuries and damages. 

In Utah, drivers are required by law to carry a minimum amount of car insurance, but many fail to meet these requirements. This can leave victims in a difficult position, especially if they are unable to recover damages from the at-fault driver.

At Flickinger Boulton Robson Weeks, we understand the complexities of car accidents involving uninsured and underinsured drivers. Our experienced Salt Lake City car accident lawyers are here to help you navigate these challenging cases and fight for the compensation you deserve. Whether through your own uninsured/underinsured motorist coverage or pursuing other legal options, we are dedicated to securing the best possible outcome for your case.

If you’ve been in an accident involving an uninsured or underinsured driver, don’t wait to seek legal assistance. Contact our skilled attorneys today to discuss your options and take the first step toward securing your future.

Understanding Utah’s Uninsured Motorist Laws

When you’re involved in a car accident in Utah, the situation can become even more complicated if the at-fault driver is uninsured or underinsured. While Utah law requires drivers to have a minimum level of liability insurance, many drivers fail to meet these requirements, leaving accident victims facing the financial burden of medical bills, property damage, and other related expenses. 

Understanding Utah’s uninsured motorist laws can help ensure you are adequately protected in these unfortunate situations.

What is Uninsured Motorist Coverage?

Uninsured motorist coverage is a type of car insurance that helps cover your expenses if you’re involved in an accident with a driver who doesn’t carry any insurance. It can also apply in cases where the at-fault driver is underinsured, meaning their coverage limits are insufficient to cover your costs.

Key Elements of Utah’s Uninsured Motorist Law

In Utah, all drivers are required to have auto insurance that includes uninsured motorist coverage. Here are the basic elements of the law:

• Minimum Coverage Requirements: Utah requires drivers to carry a minimum of $25,000 in UM coverage per person and $65,000 per accident for bodily injury.
• Optional Underinsured Motorist Coverage: Along with UM coverage, drivers have the option to add underinsured motorist coverage, which protects you if the at-fault driver’s insurance policy is insufficient to cover your costs.

While these are the minimum requirements, drivers can choose to carry higher limits for greater protection.

What Does Uninsured Motorist Coverage Protect Against?

If you are in an accident caused by an uninsured or underinsured driver, your UM/UIM coverage can help pay for:

• Medical Expenses: Including hospital stays, surgeries, and rehabilitation.
• Lost Wages: If your injuries prevent you from working, UM coverage can help recover lost income.
• Pain and Suffering: Compensation for physical pain, emotional distress, and decreased quality of life.
• Property Damage: UM coverage may also help pay for repairs or replacement of your vehicle.

What Should You Do if You’re Involved in an Accident with an Uninsured or Underinsured Driver?

If you find yourself in an accident with an uninsured or underinsured driver, there are several steps you should take to protect your rights:

• File a Police Report: Always file a report with the police and ensure that all details of the accident are documented.
• Contact Your Insurance Company: Notify your insurer as soon as possible and let them know you’ve been in an accident with an uninsured or underinsured driver.
• Consult with an Attorney: If you’re unable to recover compensation through your insurance or face challenges in filing a claim, contact a qualified personal injury attorney to help you navigate the process.

Utah’s uninsured motorist laws are designed to protect drivers in the unfortunate event of an accident with a driver who lacks adequate insurance. Understanding your rights and how to use your own insurance policy can help ensure you’re not left paying for someone else’s negligence. 

If you’ve been involved in an accident with an uninsured or underinsured driver, it’s important to work with an experienced car accident lawyer to ensure you receive the full compensation you’re entitled to.

What to Do If You Are Hit by an Uninsured Driver

Being involved in a car accident is stressful, and it can be even more overwhelming if the at-fault driver does not have insurance. If you’re hit by an uninsured driver in Utah, there are steps you can take to protect your rights and seek compensation for your damages.

Ensure Safety and Call the Authorities

Immediately after the accident, ensure you and others are safe. Move to a safe location if possible and call 911. A police report will be essential for documenting the incident and providing an official account of what happened.

Gather Information

Just like with any car accident, it’s critical to exchange information with the other driver. While they may be uninsured, it’s still important to get their name, contact details, and license plate number. If possible, also take photos of the scene, including any visible damage to vehicles and the surrounding area.

Contact Your Insurance Company

If you’re hit by an uninsured driver, contact your insurance company immediately. If you have uninsured motorist coverage, it may help cover medical expenses, property damage, and other related costs. Your insurance adjuster will guide you through the claims process.

Seek Medical Attention

Even if you don’t immediately feel symptoms of injuries, it’s important to seek medical attention after the accident. Injuries from car accidents can sometimes take hours or days to fully manifest. Medical records will also be vital if you need to pursue a claim.

Consult with an Attorney

If the driver is uninsured, or if you’re having trouble receiving compensation, it’s a good idea to speak with an experienced personal injury lawyer. A lawyer can help you navigate the complexities of insurance claims and ensure that you are not left paying for the damages caused by another driver’s negligence.

Taking these steps can help protect your rights and ensure that you get the compensation you deserve, even if the other driver doesn’t have insurance.

Legal Strategies for Recovering Compensation After a Car Accident

Recovering compensation after a car accident, especially when the at-fault driver is uninsured or underinsured, requires strategic planning and a clear understanding of your legal options. 

Navigating the complexities of insurance claims and legal processes can be overwhelming, but with the right legal strategies, you can maximize your chances of securing the compensation you deserve.

Leverage Your Own Insurance Coverage

One of the first strategies to consider is utilizing your own insurance policy. In Utah, if you have uninsured/underinsured motorist coverage, you can make a claim through your own insurer to cover your medical expenses, property damage, and other costs associated with the accident. 

This coverage is especially crucial when the at-fault driver is uninsured or underinsured.

• Uninsured Motorist Coverage: Helps pay for medical expenses and damages when the other driver has no insurance.
• Underinsured Motorist Coverage: Provides coverage when the at-fault driver’s insurance is not enough to cover your expenses.

It’s important to review your policy and understand the limits of your coverage to ensure you’re protected in these situations.

Pursue a Personal Injury Lawsuit

If you’re unable to recover sufficient compensation through insurance, you may need to consider filing a personal injury lawsuit against the at-fault driver. This is often necessary if the driver is uninsured or has limited insurance coverage. A lawsuit can help you recover compensation for:

• Medical bills
• Pain and suffering
• Lost wages
• Property damage
• Emotional distress

An attorney will help you build a strong case by collecting evidence such as medical records, accident reports, and witness testimony to support your claims.

Explore Third-Party Claims

In some cases, a third party may be responsible for your accident. This could include a negligent employer, a manufacturer of defective vehicle parts, or another party who played a role in causing the crash. If a third party is found to be at fault, you can pursue a claim against them, potentially recovering more compensation than through your insurance alone.

Negotiate with Insurance Companies

Dealing with insurance companies can be challenging, especially when the at-fault driver lacks coverage. In these cases, it’s often beneficial to have an attorney handle negotiations with the insurance company. Lawyers have the experience to argue for higher settlements and ensure that the insurer doesn’t take advantage of you.

Seek Legal Representation

Given the complexities involved in recovering compensation, working with an experienced car accident lawyer can significantly increase your chances of a favorable outcome. A skilled attorney will:

• Guide you through the legal process
• Assist with negotiating settlements
• Help you understand your rights
• Represent your interests in court if needed

With the right legal strategies, you can work toward recovering the compensation you deserve after a car accident, even in challenging situations involving uninsured or underinsured drivers.

Filing a Claim Through Your Own Insurance

If you’ve been involved in a car accident, filing a claim through your own insurance can be a crucial step, especially if the at-fault driver is uninsured or underinsured. In Utah, there are several types of coverage that may apply, and understanding how to navigate this process can help you recover compensation for your medical expenses, property damage, and more. 

Here’s a breakdown of how to file a claim through your own insurance.

Uninsured/Underinsured Motorist Coverage

If the other driver lacks sufficient insurance or any at all, your own Uninsured Motorist coverage can step in to cover medical expenses, lost wages, and property damage. Additionally, Underinsured Motorist coverage can provide compensation when the at-fault driver’s insurance limits are insufficient to cover your damages.

• UM Coverage: Covers medical bills and other damages when the responsible driver doesn’t have insurance.
• UIM Coverage: Covers the difference if the at-fault driver’s insurance policy is inadequate to cover your losses.

It’s important to check your insurance policy to ensure you have both UM and UIM coverage, as it can be vital in accidents involving drivers with little to no coverage.

Collision Coverage

If the other driver is uninsured or underinsured and your own insurance is involved, collision coverage can help pay for damage to your vehicle. This coverage helps with the cost of repairs or replacement of your car, regardless of who caused the accident.

Filing the Claim

Once you’ve ensured your safety and called the police, it’s time to notify your insurance company. You should file a claim as soon as possible to ensure timely processing. When contacting your insurer:

• Provide details of the accident: Time, location, weather conditions, and the police report.
• Share any medical treatment you’ve received.
• Submit photos of your car’s damage and other evidence from the scene.

The sooner you file your claim, the quicker the insurance company can begin investigating and processing your case.

Working with Your Insurance Adjuster

After filing your claim, an insurance adjuster will be assigned to assess your damages. It’s important to:

• Be prepared for the adjuster’s investigation: They may inspect your vehicle, review medical records, and gather evidence.
• Document everything: Keep detailed records of communications, medical bills, and any repairs or replacement costs.

While your insurance adjuster’s goal is to settle your claim fairly, be mindful that they may offer lower settlements to minimize costs for the company. If the settlement is insufficient to cover your damages, you have the option of negotiating with the insurer or seeking legal assistance.

Consulting an Attorney

If you encounter difficulties during the claims process, such as delays or unfair settlement offers, an experienced attorney can help. A lawyer will advocate for your interests, ensuring that you receive a fair settlement and guiding you through any disputes with the insurance company.

By understanding the claims process and having the right coverage, you can recover compensation for your damages even if the at-fault driver is uninsured or underinsured.