How to File a Claim Against an Uninsured Motorist

When getting into an accident with an uninsured motorist, many questions arise. This includes if your insurance will still cover you in this situation or if you have to file a special claim in order to receive compensation for your injuries? If insurance isn’t able to cover you in the event of an accident, then it may be very difficult to pay your medical bills or property damages resulting from it.

Listed below are steps you should take after getting into a car accident with an uninsured driver in Kansas City, MO, including what options you have and when you should contact a car accident attorney.

Your Options 

How your case is handled first depends on a variety of factors, including the coverage that you have, who was at fault in the accident, and if the other driver is uninsured or underinsured. Underinsured means that a motorist has insurance but it’s not enough to compensate you for your damages or injuries. In the event where the other driver is uninsured and underinsured, the two options that you have include claiming benefits through your insurance company’s uninsured motorist coverage or filing a legal claim (like a personal injury lawsuit) against the other driver.

Uninsured Motorist Coverage 

According to Missouri law, uninsured motorist coverage is required for every auto insurance policy. Uninsured or underinsured motorist coverage is applied when another driver in the accident either doesn’t have any coverage or their coverage isn’t sufficient enough to cover the injuries or damages sustained. In Missouri, the maximum that can be paid with uninsured motorist coverage is $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $10,000 for property damage.

If you know or suspect that the other motorist doesn’t have insurance, it’s recommended that you contact your insurance company about it immediately since there is usually a very short deadline to make an uninsured motorist claim. In Missouri, for example, it’s advised that you notify the police within 24 hours and the state government within 30 days regarding your claim.

Recovering Damages

While your insurance company can’t make a claim if the other driver is uninsured, there are still ways for you to recover your damages. One option is for insurance to subrogate your claim, which means that they’ll sue the uninsured motorist. If you aren’t able to get uninsured motorist insurance, another option you have is to file a personal injury lawsuit against the other driver.

However, it’s quite likely that the uninsured motorist won’t have the assets on hand to pay a personal injury judgment. In this case, your attorney can recover funds from the defendant through one of two methods. One way is a lien on property, which means that any assets the defendant owns are frozen throughout the course of the lawsuit, while the other is having the court set up a payment plan where the defendant pays you in smaller amounts on a weekly or monthly basis.

Contact Our Car Accident Lawyers at McShane & Brady Today

In order to schedule a free consultation with our car accident lawyers in Kansas City, MO, be sure to contact McShane & Brady or fill out the form on our website today. Our team will be able to get back to you within one business day.

McShane & Brady is a Kansas City law firm that represents those who have been injured due to the negligence of others. We have successfully represented many accident victims over the years, winning millions in settlements. If you or a loved one have been injured and are seeking compassionate, experienced attorneys with a proven track record of success, give us a call at 816-888-8010.