Are there other ways for me to get car accident compensation from a negligent motorist other than his/her insurance?
Miley Legal Group
In addition to a motorist’s insurance company, there are other ways that car accident compensation may be recovered. When there is a dispute and a settlement cannot be reached, it’s important to consider other options.
How Uninsured or Underinsured Motorist Coverage Provides Car Accident Compensation
Drivers in West Virginia are required to carry uninsured motorist coverage, in minimum amounts of:
- $20,000 in injury coverage for one person;
- $40,000 total in injury coverage for an accident; and
- $10,000 property damage.
If it turns out that another driver’s negligence was the cause of a crash but he/she doesn’t carry auto insurance, this helps cover medical costs and repairs to the vehicle.
Although not required, drivers who also choose underinsured motorist coverage might utilize this form of insurance in the event the other driver has insurance but it’s not enough to cover damages. Of course, this would be up to the limits of the policy.
Filing a Lawsuit after a Car Accident
If an injured person doesn’t qualify to use uninsured coverage and doesn’t have underinsured coverage, or the losses are higher than what’s available through coverage, another option is to file a lawsuit. However, this would only be possible if the other driver was at fault for the crash.
Seek legal counsel when pursuing a lawsuit. There can be a lot of complicated issues that come up, both in proving fault and establishing the type of damages that have been sustained. This is especially true if it’s determined the plaintiff was partially responsible for the accident. This could impact one’s ability to pursue the lawsuit or the amount of car accident compensation that is recoverable.
To learn more about one’s rights and options after an accident, contact The Miley Legal Group. We can help clients filing an insurance claim or pursuing a lawsuit against the other driver.