Understanding Uninsured Motorist Coverage After a Serious Crash
Nobody plans to get hit by an uninsured driver.
Suddenly, the person at fault has zero coverage. Medical bills are stacking up. And compensation feels impossible.
Let’s start with a hard truth…
1 in 3 drivers were either uninsured or underinsured in 2023. That’s up 10 percentage points since 2017. If you drive, you’ve likely been stuck next to one of these drivers.
So what happens if that driver causes a serious crash? Like one causing a traumatic brain injury? That’s where uninsured motorist coverage comes into play.
Keep reading to learn:
- How uninsured motorist coverage works
- Why UM matters for traumatic brain injury cases
- The types of damages UM pays for
- How to file a UM claim correctly
- Common mistakes that harm your case
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage, also known as UM coverage, is insurance that pays out when the person who caused your crash does not have liability insurance or enough insurance to cover the costs. Essentially, it kicks in when the negligent driver’s insurance falls short.
There are two types of uninsured motorist coverage:
- Uninsured motorist bodily injury (UMBI) coverage: Covers the costs associated with medical care, lost wages, and pain and suffering caused by the negligent driver.
- Uninsured motorist property damage (UMPD) coverage: Covers vehicle repairs.
If you live in California, you might not need UM coverage. However, Virginia is one of 20 states that requires uninsured motorist bodily injury coverage by law.
Why Does UM Coverage Matter for a Traumatic Brain Injury Claim?
Traumatic brain injury cases can sometimes be the most difficult, but the highest value personal injury lawsuits.
Vehicle accidents are a leading cause of traumatic brain injuries and account for approximately 1/4 of brain injury-related hospitalizations nationally. However, when someone suffers a traumatic brain injury from a motor vehicle accident, it can impact every area of their life.
Just some examples include:
- Rehabilitation: Physical, occupational, speech therapy, and more
- Specialty medical care: Doctors, neurological evaluations, medications, and more
- Diminished quality of life: Pain and suffering, emotional damage, cognitive decline, etc.
- Lost earning capacity
Those are just a few examples. Because of this, traumatic brain injury damages can reach into the hundreds of thousands.
Here’s the unfortunate reality.
Most people assume that if the negligent driver was uninsured, there’s simply no way to pay for those damages. That’s not true.
With the right Virginia car accident attorney in Virginia, a traumatic brain injury claim can still be made through UM coverage. Which means pursuing every dollar of compensation against the at-fault driver’s insurance company becomes possible.
How UM Coverage Works for Traumatic Brain Injuries
If you’ve ever been through a car accident insurance claim, you know how painful those hospital bills can be. Uninsured motorist coverage applies to:
- Past and future medical care: Emergency care, surgeries, hospital stays, and specialist doctors.
- Rehabilitation: Anything required to regain function after a traumatic brain injury.
- Lost wages: Income lost during recovery time and reduction in earning capacity.
- Pain and suffering: Physical anguish, mental damage, loss of consortium, etc.
…it goes on, and an attorney can help understand the full scope of the policy.
But, there’s a limit to the amount recoverable based on the policy limits. Read that again. UM coverage applies to every living cost related to the accident. Not just the medical bills.
And that’s important for anyone suffering a traumatic brain injury to understand. Those injuries require years of care. UM benefits should too.
How To File an Uninsured Motorist Claim
The process of filing a UM claim should be simple. In reality, it’s anything but.
Policy limits, statutes of limitations, proof of damages… the list goes on. Don’t get caught off guard by insurance adjusters looking to close the case as soon as possible. Start with these four steps:
STEP 1: Report the crash to law enforcement.
Emergency responders should be the first call after a crash. If police respond to the scene, obtain a copy of the police report.
STEP 2: Seek medical attention.
Yes, even if feeling fine. Some traumatic brain injuries have delayed symptoms. It’s critical to be checked out by a professional as soon as possible.
STEP 3: Contact your insurance company.
Report the crash and confirm the negligent driver was uninsured. Do this as soon as possible.
STEP 4: Document, document, document.
Take photos of the accident scene, get witness information, and keep all medical records and expert testimonials.
And the most important tip:
Hire a lawyer before signing or settling anything.
Insurance companies love offering quick “settlements” that don’t nearly cover the value of a claim. Traumatic brain injuries can have delayed symptoms.
By accepting money from an insurance company, the right to future compensation is likely waived should another symptom develop.
UM Claim Mistakes to Avoid
There are certain mistakes people repeatedly make that hurt their case. Three big ones are:
Waiting to seek medical care.
Insurers will use any gap in medical treatment as a reason to deny a claim or argue that injuries are not serious. Even when feeling fine, getting checked out is essential.
Giving a statement to the insurance company.
As mentioned above, never give a recorded statement to an insurance company without speaking to an attorney first. They will use those words to devalue a claim.
Believing full value has been received.
Insurance adjusters will likely make a settlement offer that only pays out the policy limits. But policy limits don’t always equal full value. An attorney can help determine all sources of insurance coverage.
How Much Is Your Case Worth?
A qualified Virginia brain injury lawyer can evaluate your case and provide a free settlement estimate.
Filing a UM Claim: Final Thoughts
As noted above, nobody gets into a car thinking they’ll hit an uninsured driver.
But that’s reality for millions of drivers across the country. 15.4% of motorists were uninsured in 2023, with approximately 32 million uninsured drivers nationwide. That’s just over one in five drivers on the road today.
And if they cause harm by way of traumatic brain injury? UM coverage could be the only option to pay for those damages.
UM coverage is there for these types of situations. Don’t waste the chance at compensation by tackling the insurance process alone.
Reach out today to learn more about filing a UM claim after a serious crash.
