The Uninsured Driver is the worst-case scenario for auto collision victims.  And only nineteen states have uninsured driver rates of less than 10%.[1]   One can reasonably presume that someone driving around without automobile insurance is unlikely to have other assets that could be seized and sold to cover the costs of someone else’s injuries.  Further, many states do not yet mandate insured drivers to carry coverage protection against this situation. But in the states that do, personal injury victims may very well find themselves in a situation where the only available avenue of recovery is through his or her own insurance policy.

For those who have purchased the coverage to protect themselves from this situation, it may seem reasonable to expect that once you report the accident, the insurance company will begin paying for the associated costs in an orderly fashion.  Because we do carry that expectation as customers of a brand we may have used for years and for multiple policies, it also seems reasonable to allow the insurance company wide open access to your medical records and to take possession of your totaled vehicle and do whatever it is that insurance companies do with totaled vehicles.

However, it is not uncommon for the amicable relationship between the insurance carrier and the customer to sour as the process grinds along.  It can come as quite a shock when a claims adjustor, assigned to you by your own insurance company, begins to treat you as more of an adversary than a customer.  But since we live in a capitalistic society, it’s important to acknowledge and accept that insurance companies are for-profit businesses and it’s someone’s job to make sure those profits are protected.  You can rest assured that insurance companies will hire a very good law firm to protect its interest.

Those who find themselves in a situation where the truly at-fault driver is uninsured should seek a consultation with an attorney sooner rather than later.  Personal injury attorneys do not seek to create conflict or heighten tensions between the insurance companies and their customers. Rather, an experienced attorney,  like a personal injury lawyer West Palm Beach, FL turns to, will review the circumstances leading up to the time of injury and explore all existing coverage. An attorney’s interest is vested in making sure the injured party is fully educated as to the terms of coverage and able to fully access the benefits for which he or she has paid.

 

Thanks to our friends and contributors from Eric H. Luckman, P.C. for their insight into motorcycle accident cases.

 

[1] IRC report, Uninsured Motorists, 2017 Edition

 

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