You complied with traffic laws, but another driver caused a crash that left you injured. Then you learn that the person responsible has no insurance or not enough to cover your medical bills and lost wages. It is a frustrating and unfair situation, and it happens often. When the at-fault driver cannot pay, an experienced car accident lawyer could help you identify other paths to recover compensation.
Uninsured/underinsured car accidents in Madison are more common than most people realize because the state has many drivers with little or no insurance coverage. However, your own insurance policy may help. At Siniard Law, LLC, we know how to pursue every available source of compensation so that another driver’s failure does not cause you financial hardship.
What if the At-Fault Driver Has No Insurance?
When an uninsured or underinsured driver in Madison causes an auto accident that injures you, suing them directly may not result in compensation. This is because a person with little or no insurance may not have enough assets to pay a judgment. Uninsured and underinsured motorist coverage, also known as UM and UIM, is designed for this situation. It replaces the coverage the at-fault driver should have carried and pays for the losses you suffered.
This coverage applies in several situations, including hit-and-run crashes, accidents involving a driver with no policy, and accidents where the other driver’s limits are simply too low. Our attorneys could review your policy and explain how your coverage protects you.
How Uninsured Motorist Coverage Works
State law provides strong protection for insured drivers. Under Alabama Code § 32-7-23, every auto insurance policy must include uninsured and underinsured coverage unless you reject it in writing. This means you likely have this coverage even if you do not realize it.
State law also allows you to combine, or stack, coverage to increase the amount available to you. Depending on your policies, you may be able to recover from:
- The uninsured or underinsured coverage on your own policy
- Additional coverage for other vehicles listed on the same policy
- Separate policies held by family members in your household
- Medical payments coverage for immediate expenses
Because minimum liability limits are low, stacking may make a significant difference in a serious case. A Madison lawyer experienced in UM/UIM car accident cases could identify all insurance coverage that may apply to your claim.
Why Your Own Insurer May Dispute Your Claim
Filing a claim against your own insurance company sounds simple, but it rarely is. Even though you paid for this coverage, your insurer has a financial interest in paying you as little as possible. It may dispute your injuries, question your treatment, or delay your claim for months.
The state’s harsh fault rules make strong representation even more important. Under the doctrine of contributory negligence, if you are even one percent responsible for the crash, you could lose your right to any recovery. Insurers may use this rule to shift blame onto you. You also have only two years to act under Ala. Code § 6-2-38.
When handling your uninsured and underinsured car accident in Madison, our lawyers could hold your insurer accountable and protect your claim.
Talk to a Madison Uninsured or Underinsured Car Accident Attorney
An uninsured or underinsured driver should not leave you paying for someone else’s mistake. With skilled legal guidance, you may pursue the full compensation you deserve through your own coverage, no matter how difficult the insurance company makes the process.
If you sustained injuries in one of the many uninsured/underinsured car accidents in Madison, do not wait to protect yourself. Contact Siniard Law, LLC, today for a consultation to help protect your claim.
