What do people do if they have car insurance but have an accident where the at-fault driver does not?

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Asked May 12, 2015

1 Answer


One of the features of a standard car insurance policy in most states is coverage for uninsured/underinsured motorists. This type of coverage is designed to prevent you from suffering a loss in relation to an incident that was not your fault. When you file the claim, your insurance company will go after the responsible party on your behalf.

After the accident, contact your own insurance company and notify them of what happened. They will want to see a copy of the accident report and any corroborating evidence you are able to provide. From there, the claim will be handled directly, and you will receive a claim settlement from your insurance company.

You will still have to pay the deductible for your insurance, just as though you had been found at fault. If you’re insurance provider is able to recover the full claim settlement, your deductible will be refunded to you, but this is a rare circumstance.

Under uninsured/underinsured motorist law, your own insurance company acts as your representative. You file the claim through them, and they go after the other driver or that person's insurance company. In this case of an uninsured motorist, they would attempt to file against them in a court of law, and an underinsured motorist claim would be handled through an insurance company process known as subrogation.

Once the claim has been filed, the case is out of your hands. Your insurance company should pay an initial claim settlement within a few days, and the total settlement cost when the case has been resolved. You should make sure to stay in the loop, but let your insurer take any necessary actions.

Answered May 17, 2015 by Anonymous

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