Suing an Underinsured Motorist

Suing an Underinsured Motorist

If you are in a car accident caused by an underinsured motorist, you may be able to sue the responsible party for damages. However, the process of suing an underinsured motorist can be complicated and confusing, and it is important to understand what to expect as you navigate the legal system.

Suing an Underinsured Motorist: Why It Happens

When you get in your car and hit the road, you obviously want to avoid having an accident with another driver. If an accident does happen, you would probably assume that your insurance coverage and the other driver’s insurance policy will be enough to take care of any issues that arise.

But what if the at-fault driver is underinsured? Our car accident lawyers know that some drivers on the road are underinsured. This means that although they do have car insurance, their coverage amounts aren’t high enough to cover the injuries of everyone involved. There is a gap between what the insurance company will pay out and what is fair compensation for your pain, suffering and losses.

Most states set minimum liability insurance requirements for drivers, but those limits are often too low to cover serious injuries or property damage. If an underinsured driver causes a crash and their coverage doesn’t fully pay for your losses, you may need to file a lawsuit to recover the remaining damages.

Holding an Underinsured Motorist Accountable

The process of suing an underinsured motorist usually begins with filing a claim with their insurance company. If the damages exceed the policy limits, the victim can then file a lawsuit against the individual to recover the remaining damages. It’s important to understand how your state handles car accident claims.

In fault-based states, the driver who caused the crash is responsible for covering the damages as well as any injuries. If the underinsured motorist caused the accident, they may be liable for any losses that exceed their insurance coverage.

In no-fault states, each driver typically relies on their own insurance to cover injury-related costs, regardless of who caused the accident. However, if the at-fault driver is uninsured, they are still responsible for property damage, such as vehicle repairs. If your injuries are severe or your costs exceed certain thresholds, you may also be able to step outside the no-fault system and file a lawsuit against the other driver to recover additional damages.

Hiring an Attorney

The first step in suing an underinsured motorist is to hire an attorney. An experienced personal injury attorney, such as one from Sargon Law Group, can help you navigate the legal process and protect your rights. Your attorney will gather evidence to support your case, such as witness statements, police reports, medical records and any other relevant documentation.

Once your attorney has gathered the necessary evidence, they will file a lawsuit on your behalf. The underinsured motorist will be served with a summons and complaint, which outlines the details of the accident and the damages you are seeking. The underinsured motorist will then have a certain amount of time to respond to the lawsuit.

Beginning the Discovery Process

The next step in the process is discovery. This is the time when both sides exchange information and evidence to build their cases. Your attorney may depose the underinsured motorist, meaning the attorney requests a formal interview under oath. Your attorney may also request documents and other evidence from the underinsured motorist and their insurance company.

Negotiating a Settlement

After discovery is complete, your lawyer may attempt to negotiate a settlement with the other driver and their insurance company. This is often the preferred outcome, as it can save time, legal expenses and stress. If the parties reach a settlement, you will receive compensation for your damages, and the lawsuit will be dismissed.

If the parties cannot reach a settlement, the case will go to trial. You and your attorney will present your argument to the judge and jury, bringing in witnesses and evidence as needed. The defense will have a chance to respond and present their side. Once both sides have made their arguments, it’s up to the judge or jury to decide who is legally responsible and how much compensation you’re entitled to receive.

Collecting Damages

If you are suing an underinsured motorist and win your case, you can collect damages from him or her. However, collecting damages after winning a lawsuit can be challenging. If the underinsured motorist does not have enough assets to cover the damages, you may have to wait to get your money or start a new legal fight to get the award paid out.

As a driver, you should know that this entire process can be very long and drawn out. The other driver and their insurance company will work as hard as they can to pay as little as possible. It can be a frustrating experience, especially if you need the funds to help make up for lost wages or cover medical bills due to the crash. This is why it is so important to have a lawyer you can trust, rather than trying to go it alone.

Suing an Uninsured Motorist

Yes, you can sue an uninsured motorist if they cause a crash, but the process and outcome can differ from suing an underinsured driver. An uninsured driver has no liability insurance at all, while an underinsured driver has some coverage, but not enough to fully cover your losses. In both cases, you may need to file a lawsuit to recover damages. However, suing an uninsured driver can be difficult because they often lack the financial resources to pay a court judgment. If you carry uninsured motorist (UM) coverage, your own insurance may help cover your costs when the at-fault driver is uninsured.

Taking Steps To Protect Yourself

While you can’t predict the moment a crash will happen and lead to you suing an underinsured motorist, you can take precautions to protect yourself against underinsured drivers. One of the best ways is by having extra insurance coverage. Some companies offer underinsured motorist coverage, which provides additional protection in case of an accident with a driver who does not have enough insurance to cover all the damages they caused. This can help pay for medical expenses, lost wages and other damages that exceed the limits of the at-fault driver’s insurance policy.

Underinsured motorist coverage typically kicks in when the at-fault driver’s liability insurance limits are not enough to cover all the damages. For example, if the at-fault driver has a liability insurance policy with a limit of $25,000 per person, and you suffer $50,000 in medical expenses and lost wages due to the accident, you may be left to cover the remaining $25,000 yourself. However, if you have underinsured motorist coverage, you can file a claim with your own insurance company to cover the remaining damages up to the limits of your policy.

Getting Help Suing an Underinsured Motorist



If you face huge out-of-pocket bills because another driver hit you and doesn’t have enough insurance to pay for the damage, a lawsuit may be your best course of action. If the thought of suing an underinsured motorist seems intimidating, having the right attorney on your side can make all the difference.

Sargon Law Group has extensive experience handling underinsured and uninsured motorist claims. Our team understands the legal complexities in each state and can guide you through the process with confidence.

Contact Sargon Law Group today for a free consultation and see how we can help with your case.