MOTOR VEHICLE ACCIDENTS | BACK TO PRACTICE AREAS
FREQUENTLY ASKED QUESTIONS

I. General Information about Motor Vehicle Accidents
II. What to do if you are in an accident
          A. Immediately after the accident
          B. When the police get to the accident
          C. Soon after the accident
          D. Later
III. Theories of Liability
          A. Negligence
          B. Recklessness
          C. Third Parties
                   1. Drunk Drivers
                   2. Product Manufacturers
                   3. Automotive Technicians
                   4. Government Entities
          D. General Conclusion
IV. Injuries and Compensation
          A. Damages
          B. Damages for Family Members
          C. Insurance
          D. Amount of Compensation
          E. Injuries and Compensation Conclusion
V. Insurance Claims Tips
VI. Uninsured or Underinsured Drivers
          A. Uninsured Drivers
          B. Underinsured Drivers
          C. Collecting Damages
          D. Uninsured or Underinsured Drivers Conclusion
VII. No-Fault Insurance
          A. No-Fault Insurance System
          B. Choice No-Fault
          C. No-Fault Insurance Policy
          D. No-Fault Insurance Conclusion

Uninsured or Underinsured Drivers

Drivers are required to carry a certain amount of insurance coverage in case of a motor vehicle accident.  However, many drivers ignore this requirement, cannot afford insurance, or don’t carry enough insurance.  Uninsured motorist coverage is a type of insurance that covers bodily injuries received in an accident with a driver who is legally responsible for the injuries, but who doesn’t have any insurance coverage.  Underinsured motorist insurance covers bodily injuries from an accident with a driver who has liability insurance, but that insurance coverage is lower than the injured person’s underinsured motorist insurance coverage.  It is important to contact a lawyer experienced in personal injury claims as soon as possible if you have been in an accident with an uninsured or underinsured driver so that you don’t waive any of your legal rights.

Uninsured Drivers

Generally, uninsured motorist insurance covers people injured in an accident with a driver who doesn’t have any insurance.  Uninsured motorist insurance may also cover hit-and-run accidents where the other driver isn’t identified.  A person who has uninsured motorist insurance and is an accident with an uninsured driver may be able to receive compensation for their injuries from their own insurance company.  If you have been in an accident with an uninsured driver, contact an experienced personal injury attorney before you file your insurance claim to make sure that you obtain all of the available compensation.

Underinsured Drivers

Underinsured motorist insurance covers injured persons when the responsible driver does not have enough insurance to fully compensate the injured person for all of his or her injuries.  If a person purchases the very minimum amount of insurance coverage required by law, they may be an underinsured driver.  If compensation for your injuries is greater than the insurance coverage available from the responsible driver’s insurance policy, you may be able to obtain the difference from your own insurance company.

Collecting Damages

To be compensated under uninsured or underinsured motorist insurance, the injured party has to prove that (1) he or she endured significant injuries and (2) the other driver was responsible for the accident.  If the accident was with an underinsured driver, the injured party must also collect the maximum amount allowed under the other driver’s insurance policy before the injured party can collect the rest of the injury compensation from his or her own insurance company.

Uninsured or Underinsured Drivers Conclusion

If you are injured in an accident with a driver who doesn’t have insurance or doesn’t have enough insurance, uninsured or underinsured motorists insurance may cover your injuries.  Contact an experienced personal injury lawyer if you have been in an accident and do not settle with the other driver’s insurance company.  Some insurance companies are not required to pay under your underinsured motorist insurance policy if you have already settled with the other driver’s insurance company.  Your lawyer can provide you with all of the information and assistance you need to get the maximum amount of compensation for your injuries.

BACK TO TOP

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

Copyright © MMVII JAKOBIE

If you would like to schedule a free initial consultation contact an attorney representing clients in Cedar Rapids, Iowa at the Luthens Law Offices, P. C.. Give us a call at (866) 579-3816 or email us at Info@luthenslaw.com.