One common question that the attorneys at Liberty Law Group receive when talking to a potential client about pursuing a personal injury claim following a motor vehicle accident is who will actually pay the settlement? The vast majority of “accidents” are exactly that – accidents. In most cases, the other driver didn’t intentionally cause the accident, it was caused by a momentary lapse in judgment. Potential clients are reasonably worried that by pursuing a claim, they will be taking money out of the other person’s pocket, but that is not the case. This blog will briefly describe the two primary sources of payment following a motor vehicle accident.
The At-Fault Driver’s Insurance
New Hampshire is the only state in the United States that doesn’t require drivers to own a car insurance policy. In every other state, the law is clear – to drive a motor vehicle on the roads, the driver of that vehicle must have a valid and current insurance policy. If you are involved in a motor vehicle accident, their insurance company (not the individual), is going to be responsible for paying the cost of medical bills, lost wages, future medical bills, pain, suffering, and other damages that are available to be recovered.
In most cases, the at-fault driver’s insurance is sufficient to cover these expenses. However, what happens if their policy is insufficient (your damages exceed their policy limits) or the other driver doesn’t have insurance?
Uninsured/Underinsured Motorist (UIM) Coverage
As stated earlier, if you are involved in a motor vehicle accident, the other party is responsible for paying the cost of medical bills, lost wages, future medical bills, pain, suffering, and other damages that are available to be recovered. As we are all aware, sometimes car accidents can have severe and life-altering consequences and can involve multiple surgeries, missing extended time to work, and may even require future surgeries. In these situations, it’s not uncommon for the damages you’ve suffered to exceed the limits of the other party’s insurance policy. In these cases, we are able to pursue an under-insured claim against your own insurance. This is an additional source of funds that is able to be accessed to make you whole for your damages and ensure that you are fairly compensated.
If the other driver doesn’t have insurance, or they leave the scene and are unable to be located, leaving you stuck with all of the medical bills, lost wages, etc., you can pursue recovery through your own insurance in an uninsured motorist claim. This will make sure that you are not stuck footing the bills because somebody else decided not to follow the law and carry their own insurance policy.
How much money is available if I’m involved in an accident?
This varies widely depending on both their insurance policy and your UIM policy. The minimum policy in Nebraska is $25,000 per person / $50,000 per accident for both liability and UIM coverage. However, it’s not uncommon for either the liability or the UIM limits to be over $100,000.
Liberty Law Group Attorneys know how to access this information and ensure that you receive the maximum compensation that you deserve following an accident that wasn’t your fault.
If you’ve been injured in an accident and it wasn’t your fault, give Liberty Law Group a call today for a free consultation. (402) 865-0501.
