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How to make a claim if the other driver doesn’t have insurance

By on Jul 19, 2017 in blog, Car Accidents, Personal Injury |

How do you make a claim if the other driver doesn’t have insurance? Unfortunately, there are other drivers out there in Salt Lake City and Utah that do not have automobile insurance, as required by the law. What happens when one of these drivers runs a red-light and hits you? Or if one of these drivers is following you too closely on the freeway and rear-ends your car when traffic ahead stops suddenly?

Fortunately, there are coverages to protect you from other drivers without insurance. With regards to the damage to your vehicle, if you have full coverage or property damage coverage on your own vehicle, you can use your own insurance to get your car or truck fixed or replaced. You will still have to cover the deductible though unfortunately. However, there is a coverage called uninsured property damage coverage that will cover you in these situations. Most people do not carry this coverage though, but check your policy to see if you have it.

If you have been injured, you can make a claim with your own insurance company with what is called an uninsured motorist claim or what is commonly referred to as a UM claim. Normally, your UM limits are equal to your current liability limits. In Utah, the minimum liability limits are $25,000 per person and $65,000 per accident.  However, your policy might much higher limits, such as a $500,000 single limit. The limits is the maximum your insurance company will pay, not what they value your claim at. Therefor, it is still beneficial to hire an attorney, as you will normally get a much higher offer from your insurance company. There are also some good options with going to arbitration against your own insurance, including a statute that allows you to get part of your money up-front from the insurance company, before you even begin the arbitration process.

Be aware that sometimes insurance companies will have you sign a waiver to lower your UM coverage or eliminate it completely. They do this because it is a few dollars or small percentage cheaper for you, but it is not worth it in my opinion. I have successfully been able to get some of these waivers removed, as the insurance company did not comply with all the exact steps required by the law for the waiver. So even if you signed a waiver, it is still worth your time to have an attorney review your case.

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