How to Determine the Settlement in an Uninsured Car Accident
If you are involved in an auto accident where the other driver is uninsured and your auto insurance policy provides for uninsured motorist coverage, you can pursue a claim for personal injury damages against your insurance company. In order to determine the settlement for your claim caused by the uninsured car accident, you will have to prove the uninsured driver was at fault plus any personal injury damages endured. However, if your policy includes collision coverage, you cannot include the damages to your vehicle in the uninsured motorist claim.
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Instructions
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Determine your special damages for personal injuries by adding the bills you received for your medical treatment, such as doctor's services, cost of medicine, medical equipment and anything necessary for your treatment and recovery. Damages also should include your lost wages and any sick and/or vacation time used because of your injuries.
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Make a list of the general damages related to your personal injuries, such as pain and suffering, loss of consortium and emotional distress, which are not easily stated as a dollar amount.
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Assign a dollar amount to your general damages by using the dollar amount of your special damages as a baseline figure and multiple it by a factor of three. Add the results to the dollar amount of your special damages to determine a total dollar amount for your personal injuries.
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Review the sufficiency of the total dollar amount by analyzing this number in light of all the circumstances of the accident. If the uninsured driver was cited for drunk driving, your claim most likely has more emotional impact than if the driver did not receive a violation. Even though your personal injuries are the same either way, the circumstances of the accident differ significantly, and you may be able to increase the total dollar amount of your claim to account for this difference.
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Prepare a demand letter and send it to your insurance company, stating any evidence to show you were not at fault for the accident, such as a police report. Also state the total amount of the claim and demand full payment as settlement for your personal injuries caused by the uninsured car accident.
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Tips & Warnings
Many states require auto insurers to include uninsured motorist coverage in all auto insurance policies.
Your insurance company is generally prohibited from increasing your premiums if the accident was not your fault, therefore you should not refrain from filing a claim against your insurance company if you have uninsured motorist coverage.
If your state allows comparative negligence claims--meaning more than one person can be at fault for an accident--your insurance company can reduce the settlement of your uninsured motorist claim by a percentage of fault that is assignable to you.
