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What Is The Difference Between An Uninsured And Underinsured Motorist?

Author : Christine Harrell   Top Author

Submitted : 2010-05-11 02:10:14    Word Count : 468    Popularity:   9

Tags:   underinsured motorist, medical bills, insurance company, underinsured motorist causes

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When someone is involved in an auto accident, they always hope that the person at fault is insured. The insurance will hopefully cover any damage repairs to the vehicle and related medical bills, if there are any. When this does not happen and the other driver was at fault, someone may sue for compensation.

Uninsured Motorists
Laws on uninsured motorists vary from state to state. Some allow car owners to have a waiver on insurance, while in other states it is illegal to drive an uninsured vehicle. The problem for motorists in an accident goes beyond whether or not they were injured. When someone is involved in an accident with an uninsured motorist, they are likely on their own for vehicle repair or replacement. They will probably need to make a claim to their own insurance company or sue for damages. Medical bills are another issue, literally adding insult to injury. In this case, the only way to be compensated by the driver at fault is to file a lawsuit.

Underinsured Motorists
Another instance in car accidents is when the other driver is at fault and is underinsured. This means that there is not enough coverage on the policy to cover the damage and/or medical bills. Once again, the innocent driver is left without compensation for vehicle damage or personal injury. This may also result in a lawsuit against the driver at fault. While the insurance company of the underinsured driver may elect to assist, it is unlikely to cover repair and doctor bills. The innocent driver may try to file a claim with their own insurance company in this scenario, as well. Depending on the person's policy, they may or may not be covered for the remainder of the bills. Filing a civil lawsuit as a plaintiff is another option.

When someone sues the uninsured or underinsured motorist, it is difficult to recover damages. Some states do have an underinsured motorists fund that will assist with expenses. This is important because people who cannot afford insurance usually cannot afford to pay lawsuit damages, either.

This puts the driver that was not at fault in an even more difficult situation. They may not be eligible for coverage under their own insurance policy or their rates may be increased as a result of making a claim. Additionally, if they are suing and are trying to get lawsuit financing, they may not be eligible for that, either. Most lawsuit advance companies require the plaintiff to be in a position to recover monetary damages when they win a case. Lawsuit financing would ordinarily be a helpful way for the plaintiff to pay legal bills and some normal living expenses for the duration of the case.

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If you are interested in a lawsuit financing or in legal financing, be sure to visit Fair Rate Funding.

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