What to Do After a Car Crash When Insurance Fails to Adequately Compensate You
Dealing with a car accident can be a harrowing experience. When the at-fault driver's insurance fails to provide adequate compensation due to insufficient coverage, and you're lacking collision coverage on your own policy, the process can become even more challenging. This guide will walk you through the steps you should take to ensure proper compensation for your damages.
Understanding Underinsured and Uninsured Motorists
In many cases, the at-fault driver's insurance company may offer insufficient compensation because their policy limits are too low. This leaves you in a difficult situation, especially if you have extensive damage to your vehicle. Additionally, if you don't have collision coverage on your own policy, the responsibility of repairing the vehicle often falls on you. However, there are steps you can take to seek compensation.
Legal Proceeding Options
One way to address this issue is by pursuing the at-fault driver in small claims court. While this may seem like a viable option, the reality is that the at-fault driver may lack the financial means to pay any significant amount. Alternatively, you can sue the at-fault driver in civil court for the portion of your damages that insurance does not cover. This can be a complex process, but it may be necessary if your losses are substantial.
Role of Your Insurance Company
Your insurance company is obligated to pay for your losses according to the terms of your policy. They are responsible for handling the repairs and then seeking reimbursement from the at-fault driver's insurance company. However, if the at-fault driver has minimal insurance coverage, your insurance company may not be able to recoup all the costs.
Seeking Uninsured or Underinsured Motorist Coverage
Many insurance policies offer uninsured or underinsured motorist coverage, which can help cover your losses if the at-fault driver is uninsured or underinsured. If you have this coverage, your insurance company should handle the repairs and then sue the at-fault driver to recoup the costs. Insurance companies are usually diligent in pursuing the at-fault driver for the portion of the damages that remains outstanding.
Forms and Documentation
Additionally, make sure to keep all relevant forms and documentation. This includes police reports, medical bills, and any notes from your insurance company regarding the claims. These documents can be crucial in proving your case and supporting your claims.
Timeline and Follow-Up
The process can be lengthy, especially if the at-fault driver refuses to pay. It's important to follow up regularly and ensure that your insurance company is staying active in the pursuit of compensation. If the process drags on, consider hiring an attorney who specializes in auto accident claims to assist you.
Conclusion
Dealing with a car accident and insufficient insurance coverage can be frustrating and time-consuming. However, by understanding your options and taking proactive steps, you can ensure that you receive the compensation you deserve for your damages. Make sure to review your insurance policy and consider adding stronger coverage to protect yourself in the future.