It would seem like someone injuring you by causing a car accident would be the worst case scenario. But in a certain percentage of the time there is some salt added to the wound–the driver of the car that caused the collision didn’t have insurance.
Now what? Well if you bought the coverage for yourself there are two things that will protect you: Collision Coverage and Uninsured Motorists Insurance. Hopefully, you made the choice to purchase these coverages. We discuss the various coverages available to you here..
The collision coverage will help fix your car (minus the deductible) and the uninsured motorists coverage will compensate you for your personal physical injury.
In Idaho, you are not required to buy such insurance but the insurance company is required to offer it to you.
Collision insurance is purchased to pay for the repair or replacement of your own car in the event of a crash no matter who caused the accident. Lenders often will only make a loan on a car with collision coverage. Even if the bad guy has insurance it often makes sense to use your own insurance because they treat you more fairly.
There are three situations in which Uninsured Coverage applies:
- The bad guy who caused the collision does not have valid insurance;
- The bad guy is a Hit & Run driver who leaves the scene of the accident without giving any (or enough) information; or
- The company that insured the bad guy who caused the wreck becomes insolvent and cannot pay you.
Simply, if someone else is legally responsible for an accident, causes bodily injury to you, there is no insurance you can get to at all your own company will pay for the damages that you incur under uninsured motroists coverage.
There are three groups of people generally able to recover for their damages under uninsured coverage.
- You, the insured person, (from many companies -whether in your own car, in another’s car, or as a pedestrian-Check your policy);
- Your “household members,” which tends to be defined as someone who lives with you who is related by blood, marriage, or adoption, including step-children or foster children- (again check your policy; and
- A passenger in your car;
So, you, your family, and those in your car will be eligible to receive benefits should you or they need them, even if the person who injured you got away.
There are all sorts of technicalities that various insurance companies put in their insurance contracts in this area. For example with some you are required to arbitrate the claim and have given up your right to a jury trial, you can’t be using your car for a business (like a taxi) or if someone is using your car without your consent. And, there may be more than one insurance policy that has potential applicability to your accident. The order of applicability is counter-intuitive and at times unique to Uninsured motorists coverage.
In sum, the moral of this story is that if you think you shouldn’t consult a lawyer if you’re in an automobile accident with an uninsured vehicle, you are mistaken.
One of the services that injury attorneys can provide is dealing with the issues that arise in recovering damages for injuries and losses imposed on you by an uninsured motorist.
Our goal is to be the best injury attorneys in Idaho. So if you have questions, about an uninsured car crash no matter what part of Idaho you live in call us for a free consultation. We have more than 40 years combined experience and help people all over Idaho. Including in Boise, Idaho · Meridian, Idaho· Kuna, Idaho· Nampa, Idaho· Caldwell, Idaho· Middleton, Idaho· Eagle, Idaho· Payette, Idaho· Weiser, Idaho · Mountain Home, Idaho · Twin Falls, Idaho · Emmett, Idaho · Bruneau, Idaho · Star, Idaho · Greenleaf, Idaho · Wilder, Idaho · Melba, Idaho · McCall, Idaho · Cascade, Idaho · Idaho City, Idaho
Holzer Edwards- We are Idaho’s Injury Lawyers.