Underinsured motorists and even uninsured motorists are more common than you might think. It has been estimated that in some parts of some states as many as 1 in 5 motorists are driving around without any liability insurance at all.
The percentage of underinsured motorists may be a lot higher because many motorists only take out the state mandated minimum cover.
This is perfectly legal, but not sufficient if the driver is sued by someone injured by them for more than they have in cover.
If you are injured in an auto accident and think that the driver who hit you has insufficient insurance to match your demands in compensation, you should schedule a meeting with a personal injury attorney to discuss your accident, the claim you expected to file and your predicament.
The attorney will have dealt with this scenario before and may be able to suggest options which can help find a way to fill the shortfall.
How T-Boned Accidents Occur
T-boned or side-on accidents are some of the worst types of accidents. If you are hit by a heavy, or a large, vehicle on the side, typically at an intersection, you are likely to be badly injured.
The severity of the injuries depends on the relative speed of both vehicles; their size, and whether the collision was on the passenger side or driver side.
If the t-boning is the fault of the other driver, you may have a chance of filing a claim against him or her. Generally, it is relatively easy to prove who was at fault in a t-bone accident.
Even if you cannot obtain evidence yourself, you may find that there were sufficient eye witnesses and a police accident report may also reveal who was to blame.
Proving fault is the most important first step in filing a claim against a negligent driver.
Filing a PI Claim After a T-Bone Accident Caused by an Underinsured Motorist
It can be very frustrating to find that a driver who clearly was at fault did not have sufficient insurance cover. The fact that the driver was underinsured does not make the driver illegal.
However, there may be ways that you can still find the compensation you need.
Apart from filing a claim against the driver’s insurance policy to its limit of liability, you should talk to an attorney about taking legal action against the driver in the form of a lawsuit.
The driver may have personal assets which can be used to pay the remainder of the balance owed. This is not easy as it will probably need to go before a court to decide on the potential means of recovering what you are entitled to.
The other option for some is to use their own insurance policy. In some states, underinsured motorist cover is mandatory and drivers may be unaware they actually have it.
Some drivers may even have agreed to an insurance package without realizing it included underinsured and uninsured motorist cover.
How a PI Attorney Can Help
Trying to obtain a fair compensation payment from an underinsured motorist is problematic. You should talk to an experienced personal injury attorney to explore your legal options before making a decision about what you should do next.
