The In's And Out's Of Auto Insurance And Its Limits
Most people understand that they need auto insurance and are relieved when the other driver has it, but beyond that things get a bit fuzzy. The idea of who pays for the damages caused by a car wreck can be confusing so read on to learn what insurance has to do with a claim and what it may not cover.
Your insurance or their insurance?
This issue of who was at fault comes into play to answer this question. If you get hit by another driver then their insurance is the one that gets your medical bills, car repair bills and more. Only if the other driver is not insured would your coverage step in to cover those needs and you might want to take a look at your policy to ensure that you have coverage that would apply to uninsured motorists.
What if they are uninsured?
You also always have the option of filing a lawsuit against the other driver in the hopes of recovering money damages. Your rate of success in this action is directly related to how much that at-fault driver has in the bank and in property. There must be a source for the money and if the driver has little to no property you might be successful in having their wages garnished, but it could take a long time to get paid what you are owed using that manner. You can, however, use a combination method of using your own insurance and filing suit against them personally in an attempt to recover at least some of the damages.
What insurance covers
Most drivers are insured and in most cases you can expect to get at least the minimum of benefits from it. Your medical treatment will be covered and that can include most common forms of treatment. That does not mean that everything will be covered, however. Some insurers balk at covering costly occurrences like helicopter flights to the closest trauma center, for example. You can also expect to have your car repaired or be provided with funds to purchase another one. Perhaps it won't be a brand new car but you will get an equivalent to the one that was totaled.
You will need to file suit against the insurance company for these damages
Extra medical costs not covered by insurance
Future medical costs
Pain and suffering
Loss of consortium
These last few items can represent a larger chunk of change than the medical bills and car replacement cost added together, so you can imagine why you should consider speaking to a personal injury attorney. Find out how you can get your life back to normal again and how to get the most you are entitled to by speaking to a car accident attorney.