Do Insurance Companies Go After Uninsured Drivers and What You Should Know

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Uninsured drivers can be a nightmare to deal with, especially if you're involved in an accident with one. In the United States, it's estimated that about 12% of drivers are uninsured.

Many states have laws that require drivers to have a certain level of insurance coverage, but some drivers still choose not to carry insurance or can't afford it. This can leave you with a huge financial burden if you're involved in an accident with an uninsured driver.

Insurance companies do have the right to go after uninsured drivers, and they often do. In fact, studies have shown that insurance companies can recover up to 75% of the costs associated with an accident involving an uninsured driver.

Types of Coverage

There are two types of Uninsured Motorist coverage: Uninsured Motorist Bodily Injury coverage (UMBI) and Uninsured Motorist Property Damage coverage (UMPD).

Uninsured Motorist Property Damage coverage (UMPD) provides coverage for repairs to your car, up to its actual cash value, if it's damaged by an uninsured motorist. If your auto policy doesn't include UMPD coverage or collision coverage, you'd have to pay for the car repairs or file a claim against the at-fault driver in court.

Uninsured Motorist coverage can also help pay for your expenses if you're in an accident with an uninsured driver or a hit-and-run driver, depending on your state's laws.

On a similar theme: Car Insurance Company

What Is Coverage?

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You can add various types of coverage to your car insurance policy to better protect yourself in different scenarios. Some states require Uninsured Motorist (UM) coverage, which can help pay for expenses if you're injured by an uninsured driver or in some states, a hit-and-run driver.

Uninsured Motorist coverage is an additional coverage that can be added to your policy. Some states may require this coverage on your policy. This coverage could help pay for your expenses if you're injured in a car accident by an uninsured driver.

Underinsured Motorist (UIM) coverage is also available in some states. This coverage can help if you're in an accident with a driver whose insurance policy limits are not sufficient enough to cover your vehicle damages or bodily injury expenses.

What Are the Types of Coverage?

There are two main types of Uninsured Motorist coverage: Uninsured Motorist Bodily Injury coverage (UMBI) and Uninsured Motorist Property Damage coverage (UMPD).

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GEICO offers both UMBI and UMPD, which is a great option for those who want comprehensive protection.

Uninsured Motorist Property Damage Coverage (UMPD) helps pay for car repairs if your vehicle is damaged by an uninsured motorist.

If you don't have UMPD coverage or collision coverage, you'll have to pay for repairs or take the at-fault driver to court.

Coverage

If you're injured by an uninsured driver, Uninsured Motorist Bodily Injury (UMBI) coverage can typically provide compensation for medical expenses, funeral expenses, loss of income, and pain and suffering.

In Texas, the minimum coverage required by law is $30,000 for injuries per person up to $60,000 per accident, and $25,000 for property damage.

You can recover from an uninsured motorist claim by pulling from your insurance policy's coverage limits, but once you hit the limit, that's all your insurance company will provide.

Your insurance company might pursue reimbursement from the uninsured driver through subrogation, but it's not a guarantee, and they may offer a lowball settlement or deny your claim.

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Underinsured Motorist coverage (UIM) is available in some states and helps protect you from at-fault drivers who don't have enough insurance to pay for your injuries or damages.

There are two types of Uninsured Motorist coverage: Bodily Injury and Property Damage. GEICO offers both, but check with your insurance provider to see what's available.

In Florida, Uninsured Motorist (UM) coverage can pay for medical expenses, lost wages, pain and suffering, and other injury-related expenses, but it does not cover property damage.

Here's a summary of the coverage limits for Uninsured Motorist coverage in Texas and Florida:

Required Coverage

Some states require uninsured and/or underinsured motorist coverage to protect drivers from costs associated with accidents involving drivers with inadequate coverage. This is a must-have in states like Connecticut, Illinois, and Maryland.

Each state has its own specific requirements for UM/UIM coverage, so it's essential to check the details applicable to your state.

Consequences of Not Having Coverage

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Not having uninsured or underinsured motorist coverage can put you at significant financial risk in the event of an accident with a motorist who has inadequate auto insurance coverage.

If the at-fault driver doesn't have enough insurance to pay for all the damages you sustained in the accident, you may have to pay more costs out-of-pocket. This can be a huge burden, especially if you have significant medical bills or car repairs.

Not having UMPD coverage means you'd have to pay for car repairs or file a claim against the at-fault driver in court, which can be a long and costly process.

If you don't have UIM coverage, the at-fault driver's insurance may not fully compensate you for your pain and suffering. This can leave you with a significant financial gap.

Here are some potential financial risks of not having uninsured or underinsured motorist coverage:

In Texas, the minimum coverage required by law is $30,000 for injuries per person up to $60,000 per accident, and $25,000 for property damage. However, if your expenses exceed these limits, you'll be left with a financial shortfall.

Florida-Specific Information

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In Florida, insurance companies may pursue uninsured drivers to recover costs associated with claims. This process, known as subrogation, allows an insurance company to seek reimbursement from the at-fault, uninsured driver for any payouts they make on behalf of their insured party.

The insurance company's decision to pursue recovery depends on various factors, including the amount of money at stake, the likelihood of successful recovery, and the uninsured driver's financial status. If the uninsured driver has no significant assets or income, it may be difficult for the insurance company to recover the expended amounts.

Insurance companies in Florida may use various methods to recover funds, including legal judgments, garnishing wages, or placing liens on the uninsured driver's property. If the insurance company successfully recovers the funds, it may benefit you indirectly by reimbursing your deductible for repairs under your collision coverage.

Car in Florida

Navigating car accidents in Florida can be a challenge, especially when dealing with uninsured drivers.

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Filing a claim for an accident with an at-fault uninsured driver can be frustrating and complex.

In Florida, it's not recommended to go at it alone when dealing with an uninsured driver, as the process can be overwhelming.

Without knowing the specific details of a case, it's hard to predict the outcome of a claim against an uninsured driver.

If you're involved in an accident with an uninsured driver in Florida, it's essential to seek help to determine if your case is worth pursuing.

We recommend seeking the help of a professional to get the compensation you're owed if you choose to pursue a case.

Florida Medical Bill Payment

In Florida, medical bills can be paid through personal injury protection insurance (PIP), which is required for all drivers.

Florida is a no-fault state, meaning that each injured person is expected to go through their own insurance to get medical expenses covered.

You may not notice aches and pains after an accident due to adrenaline, but seeking medical care as soon as possible is crucial to identify and document injuries.

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The sooner your injuries are documented, the better chance you have at securing compensation for those injuries.

If you are in pain, waiting to seek care just prolongs your discomfort and suffering.

Mounting medical bills can be a burden, but seeking care is not the place to cut corners after an auto accident.

In no-fault states like Florida, each injured person is expected to go through their own insurance to get medical expenses covered.

Here are some examples of ongoing medical expenses that may not be covered by insurance:

  • Ongoing medical expenses, including copays
  • Lost wages
  • Expenses exceeding policy limits
  • Unapproved treatments
  • Long-term injuries and suffering

Car Repair Coverage in Florida

If you're involved in an accident with an uninsured driver in Florida, you'll need to figure out how to cover the cost of repairs to your vehicle. Your own collision insurance can be a viable option, but you'll have to pay a deductible, which can be anywhere from $250 to $5000.

You'll likely get your vehicle repaired and back to you more quickly if you use your own coverage, but this convenience comes with a price. If your car is totaled, the insurance company will deem it a total loss if the cost of repair would be more than the vehicle is worth.

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In Florida, uninsured motorist property damage (UMPD) coverage can provide coverage for repairs to your car, up to its actual cash value, if the at-fault driver doesn't have insurance. If your auto policy doesn't include UMPD coverage or collision coverage, you'll have to pay for the car repairs or file a claim against the at-fault driver in court.

Here are some options to consider:

* OptionDescriptionUse your own collision insurancePays for damage to your vehicle after an accident, but you'll have to pay a deductibleUninsured motorist property damage (UMPD) coverageCovers repairs to your car, up to its actual cash value, if the at-fault driver doesn't have insuranceFile a claim against the at-fault driver in courtCan be a lengthy and costly process, but may result in compensation for damages

It's essential to review your auto policy and understand your coverage options to make an informed decision about how to cover the cost of repairs to your vehicle.

Florida Coverage

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Florida is a no-fault state, which means drivers must carry personal injury protection insurance (PIP) to pay for medical expenses and other accident-related damages, regardless of who caused the collision.

You can't file a car insurance claim without a police report, but there are some exceptions. In Florida, a police report isn't always required, but it's still a good idea to have one on file.

Florida's uninsured motorist (UM) coverage is designed to provide a safeguard for individuals involved in accidents with drivers lacking liability insurance or carrying inadequate coverage. UM coverage can pay for medical expenses, lost wages, pain and suffering, and other injury-related expenses.

If you're in an accident with an uninsured driver, you can use your UM coverage to get compensation for your expenses. However, you must first prove that the other driver was at fault and that they were uninsured or underinsured.

Here are the key things to know about UM coverage in Florida:

  • UM coverage can pay for medical expenses, lost wages, pain and suffering, and other injury-related expenses.
  • The amount of UM coverage is selected at the time you purchase your policy.
  • You must first prove that the other driver was at fault and that they were uninsured or underinsured to use your UM coverage.

Florida law requires insurers to offer UM coverage at limits that match the bodily injury liability coverage limits you select, but you can choose to purchase lower limits or reject UM coverage altogether in writing.

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If you don't have UM coverage, it's highly unlikely that your insurance company will go after the uninsured driver. However, if you do have UM coverage, your insurance company may pursue legal action against the uninsured driver to recover the money they paid out to cover your damages.

In Florida, it's illegal to drive a motor vehicle without insurance, but insurance companies are not required to go after uninsured drivers unless you have UM coverage as part of your insurance policy.

Other States and Options

If you're involved in a car accident in a state other than Ohio, the options available to you may differ from those in Ohio. In other states, car accident victims may still have options available following a car accident caused by uninsured or underinsured drivers.

Car accident victims in other states can explore their state's specific laws and regulations regarding uninsured or underinsured drivers. For example, some states may have laws that allow victims to sue the at-fault driver personally, while others may have laws that limit the amount of damages that can be recovered.

Required Coverage States

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In some states, you're required to have specific types of car insurance coverage. Connecticut, for example, mandates uninsured and/or underinsured motorist coverage.

Illinois is another state that requires this type of coverage, which helps protect drivers from costs associated with accidents involving drivers with inadequate coverage.

Maryland also has this requirement, but be sure to check the details applicable to your state as coverage limits can vary.

Options in Ohio

If you're in Ohio and get into a car accident caused by an uninsured or underinsured driver, you have options available.

Car accident victims in Ohio can seek compensation through their own insurance coverage, such as uninsured motorist (UM) or underinsured motorist (UIM) coverage.

You can also file a lawsuit against the at-fault driver, but this can be a lengthy and complex process.

Ohio law requires drivers to have a minimum amount of insurance coverage, but it's not uncommon for drivers to be underinsured or uninsured.

In some cases, you may be able to recover damages through your own insurance company, even if the at-fault driver has no insurance.

Filing a Claim Against Your Own Insurance

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Filing a claim against your own insurance policy is an option in some states, including Ohio, where it's known as uninsured and underinsured motorist (UM/UIM) insurance coverage.

This type of insurance is optional and supplemental, meaning it's not part of a standard policy, but it's especially important if you're involved in a serious car accident caused by a motorist with no coverage.

In Ohio, you can file a claim against your own policy if you're injured in a car accident caused by a driver with no insurance or not enough insurance to cover your damages.

This provides financial safety and coverage for medical treatment, lost wages, and more.

Ohio doesn't require motorists to carry UM/UIM coverage, so it's essential to check your policy to see if it's included.

In Florida, the situation is different, and you'll need to have uninsured motorist coverage as part of your policy for your insurance company to pursue legal action against the uninsured driver.

If you don't have this coverage, it's unlikely your insurance company will go after the uninsured driver.

Post-Collision Safety and Lawsuits

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In Florida, where driving without insurance is illegal, your insurance company might pursue the uninsured driver if you have uninsured motorist coverage.

If you're involved in an accident and the other driver doesn't have insurance, your insurance company will cover your damages, but only if you have this coverage.

To protect yourself from financial losses, it's essential to have uninsured motorist coverage as part of your policy.

In a "no-fault" state like Florida, each driver's insurance company pays for their own damages and injuries, but there are exceptions for serious injuries or damages exceeding policy limits.

If you don't have this coverage, it's unlikely your insurance company will go after the uninsured driver.

Will My Insurer Sue Me?

In Florida, it's highly unlikely your insurance company will sue you if you're involved in a collision, especially if you have a clean driving record.

However, if you're found to be at fault for the accident, your insurance company may take action against you to recover the costs of damages or injuries.

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In a "no-fault" state like Florida, each driver's insurance company pays for their own damages and injuries, regardless of who was at fault for the accident.

But, if there are serious injuries or damages that exceed the limits outlined in your policy, your insurance company may pursue legal action against you.

If you have uninsured motorist coverage as part of your policy, your insurance company may pursue legal action against the other driver, not you, if they're uninsured or underinsured.

In any case, it's essential to review your insurance policy and understand your coverage to avoid any potential issues with your insurer.

File a Lawsuit Against the At-Fault

If you're dealing with an at-fault driver in Ohio, you have the option to file a lawsuit against them. This is because Ohio is an at-fault insurance state, where the negligent driver must pay for any expenses incurred due to the accident they caused.

You can file a lawsuit in civil court to recover damages, but the at-fault driver is not required to pay until the lawsuit is over. You may wonder if the at-fault driver can even pay for damages inflicted.

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If you're unable to collect from the at-fault driver, you can petition the court to have their assets seized and wages garnished to pay for damages. The court may order the negligent driver to pay a one-time payment or set up a payment plan.

Here are the possible outcomes of filing a lawsuit against an at-fault driver in Ohio:

  • The court may order the at-fault driver to pay a one-time payment
  • The court may order the at-fault driver to set up a payment plan
  • The court may seize the at-fault driver's assets
  • The court may garnish the at-fault driver's wages

Keep in mind that the court's decision will depend on the specific circumstances of your case. It's essential to consult with an experienced attorney to explore your options and determine the best course of action.

Post-Collision Safety Measures to Avoid

Accident victims should be aware of the importance of post-collision safety measures to avoid compromising their case's outcome.

Accident victims should avoid taking statements from insurance companies without consulting a lawyer first, as this can be used against them in court.

Don't move your vehicle to a different location without taking photos and documenting the scene, as this can alter evidence and impact the investigation.

You should avoid apologizing or admitting fault to anyone, including the other party or witnesses, as this can be seen as an admission of liability.

It's crucial to seek medical attention immediately, even if you feel fine, as injuries from accidents can be delayed or hidden.

Frequently Asked Questions

What happens when an uninsured driver hits you in Texas?

If an uninsured driver hits you in Texas, you may be able to recover damages through your own uninsured motorist coverage, which you can activate by notifying your insurance company. Your insurance company will guide you through the claims process.

What happens if I don't have an uninsured motorist?

If you don't have uninsured motorist coverage, you may need to take further action to recover damages, such as filing a personal injury lawsuit. In California, you have the right to pursue a lawsuit against a negligent party to recover costs.

Ann Lueilwitz

Senior Assigning Editor

Ann Lueilwitz is a seasoned Assigning Editor with a proven track record of delivering high-quality content to various publications. With a keen eye for detail and a passion for storytelling, Ann has honed her skills in assigning and editing articles that captivate and inform readers. Ann's expertise spans a range of categories, including Financial Market Analysis, where she has developed a deep understanding of global economic trends and their impact on markets.

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