This is a sample complaint against the plaintiff's insurance company seeking remedy under the uninsured motorist portion of the policy.
This is a sample complaint against the plaintiff's insurance company seeking remedy under the uninsured motorist portion of the policy.
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If the at-fault party does not have car insurance, you can file a compensation claim with your insurance company or file a lawsuit against the negligent party. When you are in an accident, you may expect the other driver to have auto insurance, but this is not always the case.
The short answer is no. But even if you're not at fault, you could still be penalized with fines, license suspension or even jail time (depending on your state) if you're caught driving without auto insurance. Plus, without auto insurance, you may have to pay out of pocket for any related car damage or medical costs.
Your uninsured motorist coverage will cover damage to your vehicle as well as compensation for injuries you suffered in an accident. Typically, your insurance company will not allow you to carry more uninsured motorist coverage than you carry liability insurance on your vehicle.
Call the police. If you get into a car accident, regardless if the other person has insurance or not, it's always a good idea to call the police. Don't accept money. Swap information. Gather details. Take pictures.
In the vast majority of states, insurance providers can raise rates after underinsured or uninsured claims are filed.In fact, a nationwide study found that, on average, insurance companies will raise premiums by 9.32% after a no-fault accident resulting in an uninsured motorist claim.
This means that if you make a claim under your policy's uninsured motorist coverage, you cannot be penalized, and the insurance company cannot take any negative actions against you as such.
If you don't have uninsured motorist coverage on your own insurance policy, you cannot make a claim or recover damages against an uninsured driver.Insurance companies work by filing claims against other insurance companies, so if there isn't one, there's literally no way for the insurance company to recover damages.
Why You Shouldn't Sue Uninsured Drivers Most under or uninsured drivers don't carry the insurance they need because they can't afford it. A lawsuit cannot take money a defendant doesn't have. There are instances where suing an uninsured (or underinsured) is worthwhile like when the defendant has suitable assets.
When a person has an accident which is not their fault, and the other motorist does not have enough insurance to cover the damages, underinsured coverage kicks in. Once you file a claim with your provider, it will contact the other driver's insurance for payment.The other driver has insurance to cover only $100,000.