Getting into a car accident is stressful enough without discovering that the driver who caused it doesn't have insurance. Unfortunately, this scenario happens more often than you might think. According to the Insurance Research Council, approximately 13% of drivers nationwide operate their vehicles without insurance coverage.
If you find yourself dealing with an uninsured driver claim after an accident in Utah, understanding your options can help protect your financial interests and ensure you receive the compensation you deserve for your injuries and damages.
At True North Injury Law, we have extensive experience handling cases involving uninsured drivers and fighting for our clients' rights. In this article, we'll discuss the steps you should take if you're involved in an accident with an uninsured driver in Utah.
Utah law requires all drivers to carry minimum liability insurance coverage of $25,000 per person for bodily injury, $65,000 per accident for bodily injury, and $15,000 for property damage. Despite these legal requirements, some drivers still choose to drive without coverage, leaving accident victims in difficult situations.
When an uninsured driver causes an accident, they're still legally responsible for damages, but collecting compensation becomes significantly more challenging.
If you carry uninsured motorist coverage, this becomes your primary option. Utah requires insurance companies to offer uninsured motorist coverage, though drivers can reject it in writing. This coverage helps pay for:
Your insurance company will investigate the claim and handle negotiations, just as they would with a standard claim. However, you'll likely need to pay your deductible upfront.
You can file a lawsuit against the uninsured driver personally. While this approach can potentially recover all your damages, it comes with significant challenges:
Collection Difficulties: Many uninsured drivers lack sufficient assets to pay substantial judgments. You might win your case but struggle to collect the money owed.
Time and Expense: Litigation takes months or years to resolve and requires upfront legal costs.
Limited Recovery: If the driver has minimal income or assets, your recovery may be limited regardless of the judgment amount.
Sometimes drivers carry insurance, but their coverage limits fall short of covering your full damages. If you have underinsured motorist coverage, it can bridge this gap by paying the difference between the at-fault driver's policy limits and your actual damages.
Collect as much information as possible at the accident scene:
Contact your insurance company as soon as possible to report the accident. Be honest about the other driver's lack of insurance and provide all documentation you collected. Your insurer will guide you through the uninsured driver claim process.
Get medical treatment for any injuries, even if they seem minor initially. Some injuries don't manifest symptoms immediately, and having medical documentation strengthens your claim.
An experienced attorney can evaluate your case and explain your options. They can help determine whether pursuing the uninsured driver directly makes financial sense or if working through your insurance company provides the better path forward.
Dealing with an uninsured driver claim involves complex insurance law and negotiation tactics. Insurance companies, even your own, may try to minimize claim values or dispute coverage. An attorney familiar with Utah's insurance laws can:
The best protection against uninsured drivers is adequate insurance coverage. Consider these options:
Increase Uninsured Motorist Limits: Higher coverage limits provide better protection if you're hit by an uninsured driver.
Add Medical Payments Coverage: This coverage pays for immediate medical expenses regardless of fault, providing quick access to treatment funds.
Consider Umbrella Policies: These provide additional liability protection and may include enhanced uninsured motorist benefits.
Discovering that an at-fault driver lacks insurance doesn't mean you're without options. Utah's insurance requirements and your own coverage choices play crucial roles in determining your recovery options. While the situation creates additional complexity, understanding your rights and available remedies helps ensure you receive fair compensation for your injuries and losses.
If you're dealing with an uninsured driver claim in the South Jordan area, consulting with an experienced personal injury attorney can help you navigate these challenges and pursue the compensation you deserve. Contact us today to schedule a free consultation and learn more about your legal options.
