What to Do When Hit by an Uninsured/Under-Insured Motorist
At The Law Office of George O. Haskell, IV, we understand how overwhelming and stressful a car accident can be, especially when the at-fault driver lacks sufficient insurance coverage.
Personal injury cases involving uninsured or under-insured motorists can leave you facing unexpected medical bills, lost wages, and vehicle repair costs. Attorney George Haskell is dedicated to helping clients in Macon, Georgia, secure the compensation they need during such challenging times.
Knowing what to do in these situations can make all the difference in protecting your rights and making sure you’re not left with an undue financial burden.
Assessing the Scene and Seeking Safety
Immediately after an accident, your safety and the safety of others involved should be your top priority. Addressing the scene properly sets the foundation for any future legal actions or personal injury claims you may need to make.
Many people may feel overwhelmed or panicked after an accident, but following the correct steps will help you manage the situation efficiently and protect your ability to recover compensation later on.
Steps to Take at the Scene
Move to a safe area: If possible, pull your vehicle to the side of the road or another safe location to prevent further accidents. Turn on your hazard lights to alert other drivers. This helps avoid additional collisions, especially in cases where the accident has blocked traffic or created a hazard for others on the road.
Check for injuries: Evaluate yourself and others involved in the crash for any injuries. Even if injuries seem minor, seek medical attention as some symptoms can appear later. Injuries from car accidents can be deceptive, and it’s important to have a medical professional assess your condition to prevent any complications.
Call the police: Report the accident to law enforcement. A police report is essential for documenting the incident, especially when dealing with an uninsured or under-insured motorist. This official record will be crucial in making insurance claims and could serve as valuable evidence in a legal proceeding.
Exchange information: While the other driver may lack adequate insurance, collect their contact details, driver’s license number, and vehicle registration information. This information is vital when submitting your claim to your insurance company or pursuing further legal action.
Documenting the Scene
Proper documentation can strengthen your case. Use your phone to take photos and videos of the accident site, including the damage to both vehicles, any injuries sustained, and the surrounding environment.
Thorough documentation helps provide an accurate and clear record of the incident, which will be critical if you need to pursue a claim against your insurance or the at-fault driver.
Key Points to Document
Vehicle damage: Capture all visible damage to your car and the other vehicle. This could include photographs of crumpled fenders, broken headlights, and any areas where the vehicles made contact.
Injuries: Take pictures of any visible injuries to you or your passengers. This documentation will be helpful in supporting your claim, especially if you need to demonstrate the severity of injuries that could result in medical bills or long-term treatment.
Road conditions: Document skid marks, road signs, weather conditions, and other factors that may have contributed to the accident. Having a full picture of the environment can help clarify whether factors like icy roads, poor visibility, or damaged infrastructure played a role in the accident.
Witness information: If there are any witnesses, ask for their contact details and statements. Witness testimonies can provide an additional perspective on the accident, and they may help confirm what happened, especially if there’s any dispute over fault.
These steps help establish a clear record of the accident, which will be critical if you need to pursue a personal injury claim against your insurance or the at-fault driver.
Understanding Uninsured and Under-Insured Motorist Coverage
When an at-fault driver does not have insurance or carries insufficient coverage, you may need to rely on your own insurance policy. This is where uninsured/under-insured motorist (UM/UIM) coverage becomes vital.
It’s important to know what your policy covers and how to use it effectively when you’re faced with an accident caused by an uninsured or under-insured driver.
What Is UM/UIM Coverage?
Uninsured motorist coverage: Protects you when the at-fault driver has no insurance. It can cover medical bills, lost wages, and other damages. This type of coverage ensures that you’re not left financially vulnerable because the at-fault driver lacks coverage.
Under-insured motorist coverage: Steps in when the at-fault driver’s insurance limits are too low to cover all your damages. It bridges the gap between what their policy pays and your actual losses. For example, if the at-fault driver has a policy with $25,000 in coverage but your medical bills and vehicle repairs total $50,000, under-insured motorist coverage can help cover the remaining $25,000.
How to Use UM/UIM Coverage
To access your UM/UIM benefits, you’ll need to:
File a claim: Notify your insurance company of the accident and provide them with the necessary documentation, including the police report and medical records. Be sure to provide as much detail as possible to help your insurance company process your claim swiftly.
Provide evidence: Submit photos, witness statements, and any other proof that supports your claim. The more evidence you can provide, the stronger your case will be in making sure you receive fair compensation.
Negotiate settlements: Work with your insurance adjuster to determine a fair payout. If the insurer disputes your claim, a lawyer like George Haskell can help advocate for your rights. Insurance companies often try to settle claims for smaller amounts, but a lawyer can make sure you aren’t shortchanged.
Seeking Medical Treatment After the Accident
Your health should be a priority after any car accident. Seeking immediate medical attention not only protects your well-being but also creates a medical record that supports your personal injury claim.
Even if you feel fine after the accident, it’s still important to be evaluated by a healthcare provider to rule out hidden injuries that might not surface right away.
Common Injuries to Monitor
Whiplash: Neck pain and stiffness from sudden head movement during the crash. This is one of the most common injuries in rear-end collisions.
Back injuries: These may include herniated discs or sprains. Such injuries can affect your mobility and require long-term care.
Concussions: Headaches, dizziness, or confusion from a blow to the head. Concussions can lead to serious, long-lasting symptoms and should be taken seriously.
Soft tissue injuries: Bruises, sprains, and other non-bone injuries. While they may not seem as serious at first, soft tissue injuries can cause long-term pain and discomfort.
Why Medical Records Matter
Medical records document the extent of your injuries and link them to the accident. Without these records, proving the impact of the crash on your health can be more challenging. Always follow through with prescribed treatments and attend follow-up appointments.
The continuity of medical care and documentation of your treatment is critical in supporting your claim and ensuring you’re compensated for both immediate and future medical costs.
Filing a Claim Against the At-Fault Driver
Even if the at-fault driver lacks sufficient insurance, filing a claim against them is still an option. This step can hold them accountable and may lead to additional compensation, depending on their financial situation.
While it’s often more challenging to recover damages from an uninsured or under-insured motorist, pursuing legal action may still be worth it.
The Process of Filing a Claim
Consult a lawyer: George Haskell can evaluate the details of your case to determine the best course of action. Consulting with an experienced lawyer is crucial in these cases, as working through legal proceedings with an uninsured driver can be confusing.
Demand a settlement: Send a demand letter outlining your damages and the amount of compensation you’re seeking. This step sets the groundwork for potential negotiations or legal action.
Pursue legal action: If the driver refuses to pay or can’t pay, you may need to take the case to court. A court judgment in your favor could lead to the possibility of garnishing wages or other forms of asset recovery.
Challenges of Filing Against an Uninsured Driver
Unfortunately, many uninsured drivers lack the financial resources to cover their damages. This is why having UM/UIM coverage is so important—it provides a safety net when other recovery options are limited. Even if a judgment is awarded, collecting the compensation may be difficult if the at-fault driver is insolvent or without assets.
Working With an Experienced Lawyer
Personal injury cases involving uninsured or under-insured motorists can be legally complicated. A lawyer with experience in this area can guide you through the process, from filing claims to negotiating with insurance companies.
With the help of an attorney like George Haskell, you’ll have the support you need to maximize your chances of securing fair compensation for your injuries and damages.
How George Haskell Can Help
Legal advice: Receive clear guidance on your rights and options after the accident. George Haskell can help you understand your legal standing and make certain you’re aware of all your options for pursuing compensation.
Claim preparation: Gather and present evidence to strengthen your case. A lawyer will know exactly what documentation is needed and can help check that everything is in order.
Negotiation: Advocate for fair compensation from your insurance provider or the at-fault driver. George Haskell can negotiate on your behalf to see that you are treated fairly.
Having legal representation makes certain you’re not left to manage this challenging situation on your own. With an experienced lawyer by your side, you can focus on your recovery while they handle the legal aspects of your claim.
Contact a Personal Injury Lawyer Today
Dealing with an uninsured or under-insured motorist after an accident is a challenging and stressful experience. By following the right steps, you can work through the intricacies of these claims and fight for compensation.
We serve clients in Macon, Georgia, and throughout Macon-Bibb County, Georgia. Contact The Law Office of George O. Haskell, IV, for reliable legal assistance and support as you work through the aftermath of an accident.