What Happens if the Other Driver Does not Have Enough Insurance

There are many uninsured drivers in Massachusetts. If you are involved in an accident with someone that does not have enough insurance, you will have to look to your own insurance for cover; this is through your uninsured motorist coverage.

If you accepted this form of coverage, your insurance company will pay if you are involved in an accident with someone with no insurance or insufficient insurance,

If you confirm the other party has no insurance, you will then file a claim against your insurance company. You can attempt to settle this claim through negotiation like you would any other accident claim.

If your insurance company does not pay the claim, you can file a lawsuit for breach of contact.

Your lawyer will essentially be filing a claim for breach of contact against your insurance company. An insurance company may deny liability, claiming that the accident is not covered by an uninsured motorist or could deny that your claim is worth the amount of money you are seeking. In either case, it will require the case to be litigated in court.

This will involve producing documents and medical records to the insurance company to justify the settlement demand. Most personal injury cases do not go to trial. But many involve litigation in what is called the discovery phase. You will most likely have to take a deposition. This can be a very positive set toward settlement. If the deposition goes well, the insurance company may raise the settlement claim after revealing the claim.

The insurance company does not have all the information to evaluate a claim until the deposition. In many cases, the value can be determined without a deposition. But if the damage amount is higher or contested in some way, the insurance company may want to contest liability or the amount of the damages.