As if being in a car accident is not annoying enough, having to deal with insurance companies and claims may be even more of a headache, especially if you happen to be in an accident with an uninsured driver. When a driver is uninsured and is the cause of a car accident, getting any type of payment for the accident is often times difficult if not impossible. Because there is no insurance involved in uninsured car crash cases, the victims in these accidents have to fend for themselves in order to get any type of damages for the accident.
Let's face it; insurance companies do not want to pay money in car accident cases. So whatever roadblocks an insurance company can throw at a claimant, they most likely will. The type of insurance policy a car accident victim has will dictate whether or not the claim is paid. With collision coverage, the insurance company will in many cases pay without argument. When there is no collision coverage and only at-fault insurance, that is when a company providing insurance my draw a line in the sand.
With at-fault insurance, the burden of proving that the other car had some fault in the accident and was negligent is on the accident victim. This is by no means fair but it is how things work in the insurance world. In saying that, the victim would need to prove a negligence case in order to collect any type of monetary damages resulting from the accident. The elements of a negligence case require a duty owed, breach of that duty, that the breach proximately caused the accident and damages.
Uninsured drivers and underinsured drivers are hard targets to hit because insurance companies are not going to pay a claim out of the goodness of their hearts unfortunately. Thus, knowing the processes and procedures that have to be followed in accident cases is important.
Source: FOX Business, "5 Reasons the Other Driver's Insurer Won't Pay," Barbara Marquand, Sept. 15, 2014