In auto cases, can I recover if the other side does not have insurance?

Video Transcription

Interviewer: In auto cases, can I recover if the other side does not have insurance?

Interviewee: Well, I’m very glad that you asked that question because the common misperception is that you can’t. And that is wrong. It is entirely wrong. I mean, let’s start with this. Can you recover if the other side doesn’t have insurance? They still owe you the money.

So, if you can get money out of them, you can still recover from them. But that’s usually not practical. That usually doesn’t happen. People who don’t have insurance are usually pretty broke, don’t have the ability to pay.

But this is where your uninsured motorist coverage comes in. If there was any message I’d get out to the general public that is pertaining to personal injury and the kind of work that I do, it is the incredible importance of having very good substantial amount of uninsured motorist coverage.

What that does, and it comes with your insurance policy when you have a car, it covers you, and it covers everyone in your household and any passenger or driver of your car, for all of the money that the other driver who caused your injuries would owe you, all the money that his insurance company or her insurance company ought to be paying you, but for the fact that he didn’t have insurance.

Your own insurance policy, under the uninsured and slash underinsured coverage, is a promise from your own insurance company that they will stand in the shoes of the other driver’s insurance company that he should have had, and they will pay you every nickel that he owed you up to the amount of coverage that you purchased.

I strongly encourage everyone to have a minimum of $250,000 per person of this kind of coverage. I realize that not everybody can afford it, but it isn’t that much more expensive than getting $100,000. And if I can tell you how many times I see people in my office, who’ve been injured by people, who didn’t have insurance, or didn’t have enough insurance. And I’ve been able to help those who had a sufficient uninsured motorist policy, and I’ve been unable to help all too many of people, of clients, potential clients, who’ve come in here and said, “Hey, I’ve got $15,000,” or “I’ve got $25,000 of uninsured motorist coverage.”

It’s just not adequate. It doesn’t help you. I hear people tell me all the time, “Oh, I’ve got full coverage.” It means nothing… full coverage. Doesn’t tell me how much. If there’s anything I could impart, whether you get me as an attorney when you need it, or get somebody else, get yourself a minimum of $250,000 worth of uninsured motorist coverage. It protects you. It protects anybody in your family who lives in your household. It protects your children if they’re away at school, but they generally live in your household when they’re not in school, and it protects every occupant of a car that is insured by your uninsured motorist policy. Thanks for listening.