Damage Claims against Uninsured and Underinsured Drivers

Having your car insured is the law in most places, but unfortunately, it doesn’t mean that every car is insured. When a negligent driver injures you, it can be a frustrating experience; time wastage, unplanned expenses and even physical pain for both parties. But you shouldn’t sulk, there are options available to help you compensate.

What Does The Law Say?

Idaho law requires motorists to carry accountability insurance to pay for damages originating from ownership, maintenance, or motor vehicle use. The law also allows the Idaho Transportation Department (ITD) to suspend the license of an uninsured driver until:

  • Payment is made for the physical injury or property damage.
  • The uninsured driver submits proof of ability to pay damages arising from liability equal to minimum Idaho standards (proof of financial responsibility) 49-117(18). The minimums are “25/50/15” for losses sustained in any one accident, i.e.
  • $25,000 for physical injury to or death of one person,
  • $50,000 for physical injury to or death of two or more people
  • $15,000 for damage to or destruction of property

Idaho law states that all drivers must be offered uninsured/underinsured (UM/UIM) motorist insurance when they purchase their car insurance, to protect them from dangers caused by uninsured/underinsured motorists. This insurance intervenes to pay for expenses if you are involved in an accident with an uninsured or underinsured motorist. The UM/UIM insurance is offered impromptu when you purchase your insurance and must be officially rejected in writing if the additional protection isn’t needed.

Uninsured Motorist (UM) Insurance Coverage

Once hit by a driver who carries no car insurance, and you can prove that it’s their fault, your uninsured motorist (UM) insurance becomes of use. It will be incredible if the uninsured driver decides to pay you. But as the saying goes, you can’t squeeze blood out of a turnip, so don’t expect the driver to pay you if he is not responsible enough to get insurance.

Underinsured motorist (UIM) Insurance Coverage

This is an automobile policy option that includes property and bodily damage caused by a driver with insufficient insurance. UIM coverage may pay costs to the insured person for injuries they receive. However, the insured person should be legally entitled to collect damages from the owner or driver of a vehicle without insurance, or from a hit-and-run where the owner or driver is unknown.

How an Uninsured and Underinsured Driver Claim Works

Naturally, you must prove that the other driver was both at fault and lacked liability insurance, to get compensated. If the driver at-fault lacks coverage or refuses to give insurance information, immediately file an uninsured claim against them.

An uninsured or underinsured driver claim proceeds similarly to a regular car accident claim, except that this one is against your own insurance company. There will be a pre-trial investigation, acknowledgment of your medical records, and witnesses testimonies. But one significant difference is that, if you and your insurer cannot agree on a settlement figure, you cannot file a lawsuit against them. Instead, you have to submit your claim to a binding hearing in front of a mediator, nonetheless being less formal, but also lacks the chance to appeal.

How Can We Help?

The attorneys at Litster Frost Boise Drunk Driving Lawyer | litsterfrost.com, are well seasoned and determined to get your medical insurance covered and your property fixed. We can’t make right what has happened, but we can help you get compensation for what you’ve been through.