Sure, you might be carrying auto insurance, but this doesn’t mean every driver on the road has the coverage they need. So, what happens if you’re involved in an accident with an uninsured motorist? Does the other driver’s lack of insurance mean you’re paying for your damages out of your pocket?
The answer is often no; you file an uninsured motorist claim with your auto insurance provider. However, there are steps to take after an uninsured motorist accident to help ensure your claim process goes as smoothly as possible.
How to File an Uninsured Car Accident Claim in Oregon
According to the Insurance Research Council, over 10% of Oregon drivers aren’t carrying adequate insurance coverage. This may not seem like a large number, at least, until you’re involved in an auto accident with an uninsured driver.
Hopefully, you’re following state insurance laws and are carrying uninsured motorist (UM) coverage. This type of insurance is mandatory in Oregon and all drivers with vehicles registered in the state must have at least $25,000 per accident for property damage and $50,000 for bodily injury.
What does your UM insurance cover? If you’re involved in an accident with an uninsured driver, your UM insurance covers your medical expenses, property damage costs, lost income if your injuries prevent you from returning to work, and non-economic damages like pain and suffering. If the accident with an uninsured driver results in a fatality, your insurance should also cover funeral costs.
Remember, your uninsured motorist insurance only covers your damages up to the policy’s cap, which also applies to any passengers in your vehicle who are injured in the collision. If you still have outstanding expenses stemming from the accident, your other option is to file a third-party claim. Also known as a personal injury lawsuit, you can take the at-fault driver to civil court.
The primary downside is even if you win your case there’s no guarantee you’ll see any compensation. Chances are if the at-fault driver can’t afford to carry insurance, they’re not going to be able to pay your awarded damages. With that being said, let’s focus on how to file an uninsured motorist claim with your insurance provider.
Report the Accident
Even if you’re only involved in a minor fender bender, it’s still a good idea to alert the authorities and remain at the accident scene. You may feel bad about letting the authorities know the other driver is uninsured but this is a necessary step if you plan on filing a claim for your damages.
Your accident report is a crucial piece of evidence and it’s something the insurance company is going to request. Your accident report serves as proof the incident occurred in the manner you claim. Along with containing crucial information about the accident, your report can contain other details.
Contact information for witnesses is typically listed in your accident report. If you didn’t get a chance to talk with the other involved driver, their information should also be included in the report.
Make an Appointment with a Physician
Not all vehicle accidents result in a ride to the emergency room in an ambulance. Sometimes, you may not even realize your sustained injuries until a few days or even weeks after the accident occurs. This is common with soft tissue injuries like contusions. Sometimes, even whiplash takes a while to start causing aches and pains.
Seeing a physician immediately after the accident is not only recommended for your health. If you’re planning on including injuries in your uninsured motorist accident claim, you will need to submit copies of your medical records. Without the documentation, you can’t receive compensation for your medical costs.
Try to Document the Accident Scene
If your injuries are too severe, don’t worry about documenting the accident scene. Focus on your health and let the authorities collect all of the information and evidence. You can find most of the information in your police report, and it’s usually ready for pickup within about ten business days.
However, if possible, try to document the accident scene. The more evidence you have supporting your claim the easier it usually is to deal with the insurance adjuster.
Take pictures of any damage to your vehicle and other property. If you sustained visible injuries, take a few pictures. Yes, your medical report will have detailed information about your injuries but sometimes pictures have a bigger impact on the insurance adjuster.
What you don’t want to do is discuss the accident with anyone other than the responding authorities. Even then, try to keep your answers brief and to the point. Don’t apologize, even if the accident is your fault. Anything you say can be used by the insurance company to either deny, delay, or devalue your accident claim.
Save Everything Relating to the Accident
Insurance companies love proof and often won’t settle part or all of an accident claim without substantial proof.
For example, if you’re claiming medical expenses, you need to support the claim with bills and receipts, which also applies to your property damage and lost income. Keep all of your receipts and estimates. Your past pay stubs will help support your claim of lost income.
During the insurance claim process, you want to turn into a bit of a pack rat. In other words, don’t throw anything away. You never know what you may need to submit with your claim.
Contact the Insurance Company
Go ahead and contact the insurance company and let them know you’re getting ready to file an uninsured motorist claim. You can provide the insurance agent with some details, like the accident report. You can even let them know a bit about the damages you’re planning on including in the claim.
What you don’t want to do is to get into detail about the accident. Wait until you consult with an accident attorney before getting into detail, as this is only a call to alert the insurance company about your upcoming claim.
Consult with an Accident Attorney
An important step in an uninsured motorist claim is consulting with an accident attorney. Your attorney can guide you through the claim process and negotiate a fair settlement with the insurance adjuster.
If your case goes to court, your attorney will be prepared to represent you, ensuring your interests are effectively advocated.
