Uninsured Motorist Accident Lawyer

FREE CASE EVALUATION

If you’ve been hit by an uninsured driver, you may be wondering if you will ever financially recover from the auto accident. An uninsured motorist accident lawyer can help you evaluate your options and get back on your feet.

If you are ready to discuss your case with a lawyer, call Tom Wilmowski, one of the most trusted personal injury lawyers in Missouri and Southern Illinois. Call 314-860-1644 or email us to schedule a free case evaluation.

How To Protect Yourself From Uninsured Motorists

Despite legal requirements in most states for drivers to carry auto insurance, there are still many uninsured motorists on the road. In Missouri, the law mandates that all drivers have liability insurance, but unfortunately, not everyone complies. Therefore, it’s essential to take proactive measures to safeguard yourself against the potential consequences of a collision with an uninsured driver.

One of the most effective ways to protect yourself from uninsured motorists is to purchase uninsured motorist coverage as part of your auto insurance policy. Uninsured motorist coverage provides financial protection if you’re involved in an accident caused by a driver who lacks insurance. This coverage typically helps pay for medical expenses, lost wages, and other damages incurred by you and your passengers, up to the limits of your policy. By investing in uninsured motorist coverage, you can ensure that you have a safety net in place to cover expenses that might otherwise be uncompensated.

Another important step to safeguard against uninsured motorists is to stay vigilant and practice defensive driving techniques. Always maintain a safe following distance, obey traffic laws, and remain aware of your surroundings while behind the wheel. Be on the lookout for signs of erratic or reckless driving behavior, which may indicate a higher risk of collision. Additionally, avoid driving distracted or impaired, as these factors can increase your vulnerability to accidents with uninsured motorists.

Furthermore, it’s wise to keep thorough records of your insurance policy, including your uninsured motorist coverage limits and any relevant endorsements or amendments. Familiarize yourself with the terms and conditions of your policy to ensure that you understand your rights and responsibilities in the event of an accident with an uninsured driver. In the unfortunate event of a collision, promptly report the accident to your insurance company and provide accurate and detailed information to facilitate the claims process.

Understanding an Uninsured Motorist Claim

An uninsured motorist claim typically arises when an insured individual, who has uninsured motorist coverage as part of their auto insurance policy, is injured or sustains damages in an accident caused by a driver who either has no insurance or insufficient coverage to fully compensate for the losses incurred.

When filing an uninsured motorist claim, it’s important to follow certain steps to ensure that you receive the compensation you deserve. First and foremost, promptly report the accident to your insurance company and provide them with all necessary information, including details about the accident, the other driver’s lack of insurance, and any injuries or damages sustained. Be sure to adhere to any deadlines or requirements outlined in your insurance policy regarding the notification and filing of claims.

Once the claim is filed, your insurance company will conduct an investigation to assess the circumstances of the accident and determine liability. This may involve reviewing police reports, gathering witness statements, and evaluating medical records and other relevant evidence. It’s crucial to cooperate fully with your insurance company during this process and provide any requested documentation or information to support your claim.

If your insurance company determines that the other driver is at fault and uninsured, they will typically compensate you for your losses up to the limits of your uninsured motorist coverage. This may include reimbursement for medical expenses, lost wages, property damage, and other damages resulting from the accident. Keep in mind that uninsured motorist coverage varies depending on your insurance policy, so it’s essential to review your policy carefully to understand the extent of your coverage and any limitations or exclusions that may apply.

In some cases, uninsured motorist claims may involve disputes or challenges from the insurance company regarding liability or the extent of damages. If you encounter difficulties in resolving your claim, you may consider seeking legal assistance from a knowledgeable personal injury lawyer who can advocate on your behalf and help ensure that your rights are protected throughout the claims process.

The Effects Of An Uninsured Motorist Accident

When a collision occurs with a driver who lacks insurance coverage, the consequences can be particularly challenging to navigate, often leaving victims with substantial burdens to bear.

Financially, the effects of an uninsured motorist accident can be devastating. Without insurance coverage from the at-fault driver to compensate for medical expenses, property damage, and other losses, victims may be left responsible for covering these costs out of pocket. This can place an immense financial strain on individuals and their families, particularly if they are unable to work due to injuries sustained in the accident. Medical bills, vehicle repair or replacement costs, and lost wages can quickly accumulate, leading to financial instability and hardship.

Furthermore, the effects of an uninsured motorist accident extend beyond immediate financial concerns to include long-term repercussions. Injuries sustained in the accident may result in ongoing medical treatment, rehabilitation, and therapy, all of which can incur substantial expenses over time. Additionally, the physical and emotional toll of the accident can have lasting effects on victims, impacting their quality of life, ability to work, and overall well-being.

And, emotionally, the effects of an uninsured motorist accident can be profound. Victims may experience a range of emotions, including shock, anger, frustration, and anxiety, as they grapple with the aftermath of the collision. The trauma of the accident, combined with the uncertainty surrounding financial recovery and future medical care, can take a significant toll on mental health and emotional resilience. Additionally, the sense of injustice and frustration at being involved in an accident caused by an uninsured driver can exacerbate emotional distress and feelings of vulnerability.

In addition to the direct effects on victims, uninsured motorist accidents can also have broader societal implications. When uninsured drivers cause accidents, they not only jeopardize the safety and well-being of other road users but also contribute to increased insurance premiums and administrative costs for insured drivers. This can create a cycle of financial strain and inequity within the insurance system, further exacerbating the challenges faced by victims of uninsured motorist accidents.

 

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A former insurance defense lawyer, personal injury attorney Tom Wilmowski prides himself on using his inside knowledge of the insurance industry to obtain maximum value — and often more — for his clients.

What’s the Difference Between an Uninsured and Underinsured Motorist Claim?

An uninsured motorist claim arises when an insured individual is involved in an accident caused by a driver who lacks any insurance coverage. In these cases, the at-fault driver does not have liability insurance to compensate for the damages incurred by the victim. Consequently, the victim’s uninsured motorist coverage steps in to provide compensation for medical expenses, property damage, lost wages, and other losses resulting from the accident. Uninsured motorist coverage is designed to protect insured individuals in situations where the negligent driver is unable to fulfill their financial obligations due to a lack of insurance coverage.

On the other hand, an underinsured motorist claim occurs when an insured individual is involved in an accident caused by a driver who carries insurance coverage, but the coverage limits are insufficient to fully compensate for the victim’s losses. In these cases, the at-fault driver‘s insurance policy may not have adequate coverage to cover all of the victim’s medical expenses, property damage, and other damages resulting from the accident. As a result, the victim’s underinsured motorist coverage comes into play to bridge the gap between the at-fault driver‘s coverage limits and the total amount of damages incurred by the victim. Underinsured motorist coverage is designed to provide additional financial protection for insured individuals in situations where the at-fault driver‘s insurance coverage is insufficient to cover the full extent of the victim’s losses.

In summary, the main difference between an uninsured and underinsured motorist claim lies in the status of the at-fault driver‘s insurance coverage. In uninsured motorist claims, the at-fault driver lacks any insurance coverage, whereas in underinsured motorist claims, the at-fault driver carries insurance coverage, but the coverage limits are inadequate to fully compensate the victim for their losses. Both types of coverage are important forms of protection for insured individuals, helping to ensure that they receive fair and just compensation in the event of accidents caused by uninsured or underinsured drivers.

Types of Damages You Can Claim

In Missouri, individuals involved in personal injury cases can seek compensation for various types of damages to address the losses they have suffered due to the negligence or wrongdoing of another party. These damages fall into two main categories: economic and non-economic damages.

Economic Damages:

  • Medical Expenses: This includes costs related to medical treatment, hospitalization, surgery, medication, rehabilitation, therapy, and any other necessary medical care resulting from the injuries sustained in the accident.
  • Lost Wages: Victims may claim compensation for wages lost due to their inability to work because of their injuries. This encompasses both past and future lost income, as well as any loss of earning capacity caused by long-term or permanent disabilities.
  • Property Damage: Individuals can seek reimbursement for the repair or replacement of property damaged in the accident, such as vehicles, personal belongings, or other property.

Non-Economic Damages:

  • Pain and Suffering: These damages aim to compensate the injured party for physical pain, emotional distress, mental anguish, and other subjective suffering endured due to the accident and resulting injuries.
  • Loss of Consortium: In cases where the injuries affect the injured party’s relationship with their spouse, they may be entitled to compensation for loss of companionship, affection, sexual relations, and other benefits of a marital relationship.
  • Loss of Enjoyment of Life: Victims may receive compensation for the loss of enjoyment of life activities that they can no longer participate in or enjoy as a result of their injuries.
  • Disfigurement or Permanent Disability: Compensation may be awarded for any permanent disfigurement or disability resulting from the accident, which may affect the individual’s appearance, mobility, or quality of life.

It’s important to note that Missouri follows a “pure comparative fault” system, meaning that even if the injured party is partially at fault for the accident, they can still recover damages, but their compensation will be reduced by their percentage of fault. Additionally, Missouri places a cap on non-economic damages in medical malpractice cases.

Frequently Asked Questions

I was just involved in an uninsured motorist accident. What is the first thing I should do?

The first thing you should do after being involved in an uninsured motorist accident is to report the accident to your insurance company and provide them with all relevant details.

What Does Uninsured Motorist Coverage Pay For?

Uninsured motorist

coverage typically pays for medical expenses, lost wages, and other damages incurred by insured individuals in accidents caused by drivers who lack insurance coverage.

Do You Need a Lawyer to File a Claim with Your Own Insurance Company?

While you may not need a lawyer to file a claim with your own insurance company, seeking legal advice can help ensure that your rights are protected and that you receive fair compensation for your losses.

What to Do If You Were Hit by an Uninsured/Underinsured Motorist?

If you were hit by an uninsured or underinsured motorist, you should gather as much information as possible at the scene, including the driver’s contact and insurance information, and report the accident to your own insurance company to initiate the claims process for uninsured or underinsured motorist coverage. Additionally, consider consulting with a personal injury lawyer to explore your legal options and ensure that you receive the compensation you deserve.

Motor vehicle accidents can be devastating. Having a car accident lawyer on your side can make all the difference, especially when you’ve been in an accident with someone without car insurance. Whether you’re dealing with property damage or even bodily injuries, we can help. Call Tom Wilmowski for a free consultation.

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