There are several types of UM coverage:
Automobile insurance coverage follows the person or insured, not the vehicle. Therefore, passengers in either the at-fault or non-fault vehicle should check their personal automobile insurance policies for uninsured motorist coverage. A passenger’s personal automobile policy will become primary when the at-fault driver is uninsured and the host vehicle does not carry uninsured motorist coverage. Lastly, many insurance policies will extend uninsured motorist coverage to a household relative (usually blood-related) who carries UM coverage on their personal vehicle if none of the aforementioned coverage has been located.
As a last resort, if no uninsured motorist policies have been located to compensate bodily injury or property damage claims, personal action against the tortfeasor is an option. A car accident injury lawsuit can be filed in the proper jurisdiction, including city, state, federal, or even small claims court to attempt recovery of damages from the named defendant. After trial, a judgment can be awarded against the defendant, which can be collected through various means including seizure of assets and wage garnishments.
Recovery from an individual defendant is rare; therefore, protecting yourself and your passengers by purchasing uninsured motorist coverage is the best way to ensure you are covered in the event an uninsured motorist cause a car accident injury to your property or person. Contact the Morris Bart personal injury attorneys for a consultation today!