Uninsured and Underinsured Drivers
Dedicated Delaware Car Accident Lawyers Fight for Your Right to Compensation
A car accident can leave victims with serious injuries and significant damage to their vehicle and other property. Medical bills and lost wages combined with costly car repairs or replacements can run thousands of dollars.
Car insurance coverage usually takes care of the majority of these expenses. But when a car accident involves an uninsured or underinsured driver, it can be difficult to claim compensation.
The Delaware car accident lawyers at McCann & Wall, LLC have a long history of successful claims for car accident victims. The team of experienced and knowledgeable lawyers at the firm are committed to helping clients claim the maximum amount of compensation available. Even when a driver is uninsured or underinsured, we work diligently to recover the compensation injury victims need.
When a car accident happens, injured victims must get medical attention as soon as possible. Once an accident scene is stable, all drivers involved in the wreck should exchange their personal contact information and their insurance policy information.
If a driver has no car insurance, it is imperative to report this to your own insurance company immediately. A large majority of insurance carriers have a 30-day deadline for filing a claim against an uninsured motorist.
Delaware requires all registered vehicles to carry the minimum liability of $25,000 in bodily injury per person and $50,000 per accident. The policy must also include $10,000 in property damage coverage, plus Personal Injury Protection (PIP) coverage of $15,000 per person and $30,000 per accident.
Most insurance companies offer uninsured and underinsured coverage, but though this is not mandated by the state, a waiver needs to be signed if this coverage is not elected.
In most cases, the insured motorist’s policy will cover the damages and injuries suffered in the car accident with the uninsured motorist, but there are certain restrictions.
Penalties for operating an uninsured vehicle include stiff fines and loss of license. Even if you are the driver that is uninsured, it is still possible to file a claim against the driver at fault – but the state will still impose fines and penalties for violating driving laws.
Accidents involving underinsured drivers can get very complicated. Since injuries and property damage cannot be determined until after the car accident, it is difficult to determine if a driver has enough liability coverage to cover the cost of your medical bills and property damage. Once you determine the extent of your injuries and the costs to repair or replace your vehicle, you can file a claim.
Compensation from the person responsible for the accident cannot exceed the maximum amount of liability coverage you have on your own policy. If your policy has $100,000 in liability coverage but the other driver’s policy is capped at $50,000, you can claim the difference from your own insurance company, but only up to the amount of your coverage. In other words, you cannot claim $50,000 from the person responsible for the accident and then $75,000 from your own insurance company.
When to Seek Help From a Car Accident Lawyer
Insurance companies are built on selling insurance policies while limiting claim payouts. Car insurance companies notoriously put up quite a fight on claims with uninsured or underinsured motorists. A qualified and reputable Delaware car accident lawyer can help you get the maximum amount of compensation available to you under the law.
Insurance companies may first try to settle a claim by offering a set amount of money to the victim of a car accident. The law does not allow the insured to sue the insurance company for more money. The only recourse you have to dispute a claim is through binding arbitration. The arbitrator will make the final decision on the settlement amount while offering little opportunity for appeal.
When a car accident occurs with an uninsured or underinsured driver, it is best to refrain from speaking to your insurance company or agents from the other driver’s insurance company without legal representation. Statements made without legal counsel can be damaging, binding, and have a negative impact on the amount of your settlement.
If you are the uninsured or underinsured driver in a car accident, an experienced lawyer can ensure that your legal rights are protected, and work to keep penalties to a minimum. A Delaware car accident lawyer can also help you claim compensation for damages against the other driver liable for the car accident, even if you do not have coverage, or have a low liability threshold.
Delaware Car Accident Lawyers at McCann & Wall, LLC Help Victims Injured in Accidents With Uninsured or Underinsured Drivers
If you or someone you know has been involved in an accident with an uninsured or underinsured driver, call the Delaware car accident lawyers at McCann & Wall, LLC at 302-888-1221, or contact us online to schedule a free consultation today. From our Wilmington offices we serve clients throughout Delaware, including those in Dover, Newark, and Middletown, as well as clients across Pennsylvania and New Jersey.