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What Should I do if the At-Fault Driver Has No Insurance or Insufficient Coverage?

April 26, 2023

Becoming the victim of a car accident can induce a range of emotions. Discovering the at-fault driver is uninsured or underinsured can evoke a level of fear regarding financial safety and coverage, leaving a loss of knowing what to do.

Particularly in uninsured or underinsured motorist accidents, it is imperative to seek the experience of a car accident attorney in West Virginia that can provide detailed knowledge of the procedures involved in filing a claim and receiving compensation. There is no need to guess when you can have experience working for you.

The Scene of the Accident

Imagine you have just been involved in an accident and are trying to determine what to do next. Even if the at-fault motorist has coverage, there are steps you should take. 

  • Seek medical attention for your injuries and assistance from law enforcement by calling 911. The extent of the injuries may not initially register due to shock.
  • Obtain a copy of the incident report, ensuring you have the officer’s name, badge number, and the agency they work for.
  • Document the accident and any damages or injuries with pictures and take witness names and phone numbers if possible.
  • Notify your automobile insurance company.

Your Next Steps

Once you have determined the at-fault driver has no insurance or is underinsured, it is essential to look at all your options and available insurance coverage. A car accident attorney in West Virginia can offer the best solution and approach to your situation. Collected evidence from the scene can be used to support your case.

You may file a lawsuit to recover damages from an uninsured driver. This process can be a drawn-out, stressful event compounding the issues related to the accident. Furthermore, the defendant may have limited assets leading to an unproductive claim.

Filing an Insurance Claim

There are claim options depending on the type of coverage you carry.

Uninsured Motorist Coverage

Motorists in West Virginia are required to carry uninsured motorist coverage and liability insurance, so filing an uninsured motorist claim is an option. A deductible payment of up to $300 is required if you use this coverage. Verify your damages are more than the deductible amount before filing your claim.

Your policy should cover damage to your automobile and personal injury up to the limits of your policy. 

MedPay Coverage 

It is not required to carry medical payment coverage in West Virginia. But this optional insurance coverage will pay the medical expenses of the policyholder, other permitted drivers, and passengers injured in an accident.

In addition to medical expenses such as hospitalization and rehabilitative services, this insurance will cover lost wages and funeral expenses in the event of death. Medical payment coverage does not apply to vehicle damage.

Collision Coverage

If you have opted for collision insurance, coverage is available no matter who is at fault, and you may file a claim to cover the expenses of repairing your automobile. A deductible may be in place, so check to see that the deductible amount is not more than your claim. Collision insurance does not cover medical expenses.

Representation for Accident Victims

With over 9% of drivers in West Virginia being uninsured, it is vital to have a plan in place if you are the victim of a car accident with someone that does not have proper coverage. Knowing your rights and understanding how the law applies to your case is the work of our Charleston car accident attorneys. We provide aggressive legal representation and stay committed to winning your case.

Helping you through the devastating aftermath of an accident remains our top priority. You can focus on life and family while we care for the rest.