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The most common causes of truck accidents include:

 

Uninsured Motorist Coverage

Most uninsured motorist coverage pays up to a policy’s limits for injuries sustained by a policyholder while driving or riding in the car named in his or her policy, while a pedestrian, or while driving or riding in a car owned by someone else or any person riding in or driving the car named in the policy as long as he or she obtained permission from the owner.

 

Some types of uninsured motorist policies cover situations where a policyholder is involved in an accident with an unidentified hit-and-run driver. However, this coverage does not apply unless the policyholder or his or her car was struck. Most policies also require that the insured notify law enforcement of the accident within 24 hours of its occurrence. In these cases, if a policyholder fails to report the accident in time, his or her insurer may refuse to cover the costs of the injury.

 

Additionally, if a policyholder receives funds to cover medical bills from alternative coverage, the recoverable amount he or she is entitled to under an uninsured motorist policy will be reduced by that amount. Finally, when a policyholder is injured while in another person’s car, the uninsured motorist coverage of the car’s owner will primarily cover the policyholder’s injury. Only the amount that is not repaid by the car’s owner can be covered by an insured’s policy.

 

Once a person files a claim under his or her uninsured motorist coverage, an adjuster will be assigned to handle the claim. The parties will then decide on an amount based on the other person’s negligence, whether the policyholder contributed to the accident, the severity of the injuries sustained, and the number of victims involved in the accident.

 

Filing a Claim Against an Uninsured Driver

Generally, filing a claim against an uninsured driver in court is not a viable option because most uninsured drivers do not have sufficient funds or assets to pay off a judgment. If the at-fault party does not pay a court-ordered judgment, the policyholder can always request a court order requiring the defendant to pay. If the court discovers that the defendant does have access to some assets, it might set up a payment plan, requiring the at-fault party to pay a certain amount per week. Often, these payments are extremely small and rarely beneficial to the injured party. If there is evidence that the other driver actually has valuable assets, a plaintiff may be able to file a lien against the other party’s property during the proceedings.

 

It is usually a better option to file a claim with the policyholder’s own insurer under his or her uninsured motorist coverage than to file a claim in court. After negotiations, the policyholder will be awarded an amount to cover at least part of his or her expenses, as uninsured benefits cannot exceed the amount of primary coverage. This means that if a policyholder has $100,000 worth of coverage, he or she can only have up to $100,000 in uninsured policy benefits. Keep in mind that if a policyholder and his or her insurer cannot agree on an appropriate settlement amount, the only method of resolution is binding arbitration to be followed by a hearing before a panel of arbitrators.

 

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