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Idaho law strictly requires drivers to carry a minimum amount of auto insurance – specifically, liability coverage in case a driver causes injuries and damage to others in a crash. Unfortunately, many drivers fail to comply with these requirements. This violation can not only lead to penalties but also cause complications for accident victims when there is no available liability coverage.
If an uninsured driver hits you, there are still options available in many situations. Consult our Boise car accident attorneys at Andrew Injury Law today for more information.
Those involved in a car accident with an uninsured driver might turn to their own auto insurance to cover any losses. Most people choose to use their uninsured motorist coverage (UM), which is an add-on protection.
In Idaho, Twin Falls, UM coverage is not mandatory but is highly advisable since it can help protect you against uninsured drivers on the road. Your UM policy covers medical bills, lost wages, and other expenses up to your coverage limit when an uninsured driver hits you. Essentially, it ensures another driver’s lack of insurance does not financially burden you.
Idaho, Middleton is a tort state regarding car accidents. This means that the party found to be liable will be responsible for owing money to the victim for damages.
Unfortunately, there are many uninsured drivers on the road, and accidents involving them are difficult to navigate since it’s not always possible to obtain compensation from them. So what can you do if the liable party cannot pay? Let’s take a look at your options below:
If you have uninsured motorist coverage, you can use it to pay for the damages to your vehicle and injuries you might have. Unfortunately, coverage for most uninsured motorists has limits. That’s why if you’ve been in an accident with someone who doesn’t have insurance, you will likely file a claim with your insurer.
When speaking with your insurer, you must prove you were not responsible for the accident, but the driver who is responsible doesn’t have insurance. In addition, you must prove your damages or injuries. Always seek help from a car accident lawyer in Boise for this process, even if it involves your own provider.
If you don’t have uninsured motorist coverage or when your insurance policy doesn’t have enough coverage to cover the cost of damages and injuries, it is within your rights to file a lawsuit against the at-fault driver.
You can speak with an experienced and skilled Middleton car accident attorney about filing a car accident lawsuit or personal injury lawsuit to get compensation from the negligent driver. Unfortunately, not all uninsured drivers will have enough money to pay you what they owe you.
That’s why speaking with an attorney is vital. They can help you determine if pursuing legal action is worth the effort. After all, it would be pointless to file a lawsuit against someone who cannot pay you compensation and leaves you with mounting legal bills.
Even though it is against the law to drive a vehicle without insurance, millions do every year. If you have had the misfortune of being involved in a car accident in Boise with a driver without car insurance, you should consider your legal options. At Andrew Injury Law, our team can help you determine your options. Contact us here, and we will provide an obligation-free consultation.
One of the most difficult phone calls I receive regularly are those from Lewiston car crash victims hit by a driver without insurance. This uninsured motorist scenario quickly turns to the question of whether the caller has uninsured motorist (UM) coverage. The hard part of the call occurs when the caller reviews their policy and they learn they did not elect to receive uninsured motorist coverage.
Uninsured motorist coverage is protection you can purchase (very cheaply I will add) from your own vehicle insurance company to protect you in these scenarios. I once heard about 10 years ago that in Canyon County, Idaho, as much as 1/4 to 1/3 of the drivers on the road may not have insurance in violation of Idaho State law. That may or may not be better today, but it is still happening regularly enough that I get the calls and we have the difficult conversation about how the caller declined uninsured motorist coverage when they set up their vehicle policy.
Even though it’s your own insurance company that is supposed to step into the shoes of the defendant to make a claim for uninsured motorist coverage, I have had several instances where your own insurance company turns into the bad guy and tries to fight the claim.
Early on in my practice, I had a case involving a young woman on her way to work in Boise. She traveled on I-84 early in the morning to get to her job and as she passed the Meridian on ramp, a motorcycle rider without his lights on ran into her. The motorcyclist died and my client had significant injuries from the crash. The rider was uninsured at the time, was suspected of being intoxicated at the time, and had significant issues in his life that impacted his decision-making.
Even though my client’s insurance company was supposed to step in to compensate my client for her injuries, the company took the position that she was partially at fault. According to them, she was at least 50% at fault, and in Idaho that is a bar to recovery. This forced us to file a lawsuit against her company and litigate her case for damages. Fortunately, we were able to prevail and get a favorable decision that allowed her to receive medical care and pay for the damages she received. This situation is a good reminder about how even your own insurance company will try to find a way to get out of the claim. Without my help, my good client would not have been able to receive any compensation for what she went through. It was a pleasure to serve her, and I was grateful for the decision we received.
Uninsured motorist coverage is vital to protect you and your family. However, even your own insurance company will try to find a way to get out of paying on a claim. The best way to ensure you recover the most you can from even your own insurance company is to retain the help of an attorney who understands how to handle these cases and deal with insurance company games. My firm helps people with these issues all the time. Contacting my office costs you nothing and provides great peace of mind. If you have a case I can help on then you gain an advocate who understands how to fight back when an insurance company plays its games to save money.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
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