If the person who caused the accident doesn’t have insurance, then you can collect under the uninsured motorist portion of your policy. Under the uninsured motorist portion of your policy, your insurance company will step into the shoes of the person who was at fault as if they had insurance coverage with your insurance company and will pay everything that you are entitled to receive through the uninsured motorist portion as if they insured the person who was at fault. When benefits are claimed under the uninsured motorist coverage, your own insurance company cannot cancel you or surcharge you or raise your rates. What is an Uninsured motorist claim? When you are involved in an accident that is the fault of another driver who either has no insurance or not enough insurance or has statutory immunity, you may be able to file a claim with your insurance company. If you are successful, then your insurance company will step in and pay some or all of your claim as if they insured the at fault vehicle. You will not be penalized for filing the uninsured motorist claim with your insurance company. Your rates cannot be raised and you will not be cancelled for claims paid under this portion of your policy. Even if your insurance company pays under the uninsured motorist portion of your policy, the at fault party will still be responsible, as your insurance company will likely sue the uninsured motorist to collect back the money they had to pay to you. How Do You Collect Uninsured Motorist Benefits? The injured insured has three alternatives when pursuing a claim involving an uninsured motorist:
He or she may sue the at fault party in tort, obtain a judgment and then enforce the judgment against the UM insurer.
The injured insured may sue the UM insurer and, as part of his or her case, prove that the at fault party’s negligence proximately caused his or her injuries.
The injured insured may combine the tort and contract claims in a single action.