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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.

Client Reviews
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
Michael DelSignore did an amazing job with my case! He was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
I cannot express the gratitude towards Michael for his amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael over and over again. Claire