Understanding Uninsured Motorist Coverage: Can You Make a Claim Against a Vehicle That Doesn’t Hit You?

When discussing uninsured motorist (UM) protection, many assume it only applies if you’re directly struck by an uninsured driver, but the truth is the other car does not need to physically hit your car to make a claim. Uninsured motorist insurance provides coverage for medical expenses and vehicle damage resulting from accidents with drivers who lack insurance. Here is an interesting story where we doubled the recovery a police officer was able to make after he was hit as a pedestrian.

What is Uninsured Motorist (UM) Coverage?

When you buy insurance you receive uninsured motorist coverage which is a crucial component of your auto policy just like personal injury protection, which makes medical payments. It is designed to protect you and your passengers if you’re involved in an accident with an uninsured driver to make sure all there is enough insurance to cover you and your passengers especially in the event of a hit and run accident. UM coverage steps in when the at-fault driver lacks liability insurance, ensuring that you are not left shouldering the financial burden of medical expenses, lost wages, and other bodily injury. Essentially, uninsured motorist coverage acts as a safety net, providing the necessary financial support when the other party cannot. By including this coverage in your auto insurance policy, you safeguard yourself against the unpredictable risks posed by uninsured drivers on the road.

Types of Uninsured Motorist Coverage

Uninsured motorist coverage is part of the standard auto policy to compensate injured people for accidents caused by uninsured autos. States require drivers like in Massachusetts and Rhode Island to carry bodily injury coverage, but New Hampshire for example does not require any minimum amount of insurance so you often encounter driver’s with no insurer to pay and cover bodily injury those drivers cause in collisions. There are plenty of other states that do not require drivers to be insured leaving no insurer to pay for damages they cause.

When you purchase insurance that wisely includes uninsured motorist protection you are buying comprehensive insurance to cover medical expenses, lost wages, and other damages related to injuries you or your passengers sustain in an accident with an uninsured driver like your passengers medical bills. This ensures that you receive the necessary medical care and compensation for lost income without financial strain. On the other hand, uninsured motorist property damage coverage focuses on the physical damage to your vehicle or other property. This type of coverage ensures that repairs or replacements are taken care of, even if the at-fault driver cannot pay. Some states offer both types of coverage, providing comprehensive protection against uninsured drivers.

Uninsured vs. Underinsured Motorist Coverage

While uninsured motorist auto insurance protects you from drivers who have no liability insurance, underinsured motorist coverage addresses situations where the at-fault driver’s insurance limits are insufficient to cover the full extent of the damages. Underinsured motorist coverage kicks in when the other driver’s policy falls short and you have higher limits through underinsured motorist protection, ensuring that you are not left with uncovered expenses. This covers damage above and beyond the other driver’s coverage limits. Both types of coverage are essential for comprehensive financial protection, as they address different scenarios involving drivers with inadequate insurance. By including both uninsured and underinsured motorist coverage in your auto insurance policy, you can be confident that you are protected against a wide range of potential risks on the road.

States that Require Uninsured Motorist Coverage

The requirements for uninsured motorist coverage vary by state, with many states mandating that drivers include this protection in their auto insurance policies. Some states require both uninsured motorist bodily injury coverage and uninsured motorist property damage coverage, while others may only require one type. These regulations are in place to ensure that drivers have a safety net in the event of an accident with an uninsured motorist.

To determine the specific requirements for your state, it’s essential to check with your state’s Department of Motor Vehicles or insurance department and buy auto insurance that complies. Understanding and complying with these requirements can provide you with peace of mind and financial protection on the road.

The Incident: A Dangerous Intersection Situation

A police officer, while on duty, pulled over a driver who was texting and driving. The texting driver stopped her car in the middle of an intersection during rush-hour traffic, creating a hazardous situation. Concerned for public safety, the officer exited his cruiser to instruct the driver to move her car. In the process, another driver attempted to squeeze through the space between the officer’s cruiser and the texting driver’s vehicle, hitting the officer’s leg.

To quickly clear the scene and prevent further automobile accidents, the officer allowed the texting driver to leave without obtaining her information. Initially, it seemed that the at-fault driver who hit the officer would be the only source of compensation. However, as the case unfolded, it became clear there was more to the story. Many drivers in the U.S. do not carry adequate insurance despite legal requirements, highlighting the prevalence and risks associated with uninsured motorists.

The Legal Journey: From Settlement to Uninsured Motorist Claim

The officer initially hired another attorney who recommended settling with the driver who struck him. The officer reached out to us for a second opinion where he learned he could make a second claim against the texting driver through his own car insurance policy under his uninsured motorist protection coverage without any negative impact on his policy.

We successfully secured $100,000 from the at-fault driver’s car insurance policy. Then, we took it a step further by filing an uninsured motorist claim against the officer’s own insurance policy, arguing that the texting driver who left the scene was also liable for creating the dangerous conditions that led to the accident. The liability limits for the officer’s uninsured motorist claim were crucial in ensuring adequate compensation, as these limits align with the policyholder’s own liability limits.

The Insurance Company’s Denial

The officer’s insurance company denied the uninsured motorist claim, arguing that he should have obtained the texting driver’s information before letting her leave the scene to verify her liability coverage. However, the officer’s priority at the time was ensuring public safety, not collecting details for a potential insurance claim he had never heard of before.

How We Won the Case

We took the case to trial, arguing that the officer’s decision to focus on immediate safety rather than insurance concerns was entirely reasonable. The court agreed, ruling in favor of the officer meaning his own insurance company had to insure this incident as an injury caused by the uninsured motorist. His insurance company was not done fighting though as they still refused to pay the policy out. We pursued arbitration against the officer’s insurance company at that point and secured the full $100,000 policy limit under his uninsured motorist coverage. This coverage was crucial in addressing the medical bills incurred due to the accident.

Key Takeaways: Understanding Liability Insurance

Uninsured Motorist Coverage Can Extend Beyond Collisions: This case demonstrates that uninsured motorist claims aren’t limited to direct collisions. If an uninsured driver’s actions contribute to an accident, you may still have a claim.

Safety Comes First: In emergency situations, prioritizing safety over insurance procedures is reasonable. Courts can and do recognize this.

Legal Expertise Matters: The officer’s first attorney advised a simple settlement. By digging deeper and exploring all avenues, we were able to double his compensation.

Don’t Accept Denials Without a Fight: Insurance companies often deny claims initially, but with skilled representation, those denials can be overturned to ensure they pay to cover the damage they are required to pay for.

Auto Liability Insurance is Essential: Auto liability insurance is a legal requirement for all drivers in Massachusetts. It provides financial responsibility in case of injuries or damages caused to others in an accident, and there are programs available for low-income individuals to help secure such coverage.

Protecting Yourself With Uninsured Motorist Insurance

Uninsured motorist protection is a critical safety net. It’s designed to ensure you have recourse when an at-fault driver lacks sufficient insurance. Liability coverage limits provide financial protection by aligning the limits for uninsured motorist bodily injury with the policyholder’s liability coverage limits. This case underscores the importance of understanding your policy and consulting with experienced attorneys who can navigate complex claims.

If you’ve been injured in an accident and suspect an uninsured driver may be partially responsible, contact us. We’ll evaluate your case, fight for your rights, and maximize your compensation. As this case proves, even the most challenging claims can result in successful outcomes with the right legal team.