Many times I talk with drivers who do not know what to do when they have been struck by an uninsured driver. If you have been in a Nebraska accident caused by someone else’s negligence you can still make an injury claim using your own insurance. This situation occurs every day. In Nebraska, uninsured drivers do a lot of damage. Approximately one-quarter of my cases involve uninsured drivers. Unlicensed and uninsured drivers hurt many people. A responsible driver would stop driving if he or she does not have insurance. Unfortunately, many of the worst accidents are caused by uninsured drivers. The only thing you can do to protect yourself from them is to have insurance of your own.
Each Nebraska motor vehicle insurance policy includes uninsured and underinsured coverage
It is normally in the same amount as the policy limits that you have for liability insurance. The state minimum policy provides at least $25,000 per person and $50,000 per accident of coverage. You do not have to suffer just because the other person did not get the insurance they were legally required to purchase. You might be worried about who will pay the bills and wonder if you will ever get any compensation for your injuries caused by an uninsured driver. In this situation, your own insurance is used for the injury claim. You can still use your own car insurance and health insurance. It is still possible to get the medical bills paid as well as be compensated for lost wages and your pain and suffering. That means you can still make money to compensate you for your injury, not just pay the bills.
Conflicts of Interest
Uninsured claims invariably put your own insurance company on both sides of the fence when it comes time to pay your claim. An attorney cannot choose to represent both opposing parties in a car accident. It is an unavoidable conflict of interest when your own insurance is forced to stand in the place of the at-fault driver’s insurance because the other driver was uninsured. In this situation, your own insurance company will want to pay as little as possible for your claim. Many people feel this is a good time to have an injury attorney on their side.
Often an at-fault driver may have insurance on his or her vehicle but it might not be enough to cover all of your damages. This is a situation that is similar to uninsured claims. You may need to use your own insurance policy to make up the difference. Once again, your own insurance company is on both sides of the fence. Also, an underinsured situation is a time when your own health insurance may not have the rights they would normally have to be paid from a settlement or court judgment. Uninsured claims require strict compliance with statutory requirements to be able to use your own underinsured coverage. You should only trust an experienced injury lawyer to handle an underinsured claim.
What happens when you are an uninsured driver?
If you caused the accident you are in trouble. If the other driver violated traffic laws and negligently caused the accident you can still make a successful injury claim. You can have a strong injury claim even if you did not have a driver’s license or insurance. The main way that it would affect your claim is that you would not have an insurance policy of your own to help pay damages for a large injury claim.
The Montag Law Office has vast experience handling Nebraska Uninsured and Underinsured claims. Call us toll-free at (800) 533-0067 for a free, no-obligation case evaluation.