Uninsured part of my policy.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 18, 2010

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Insurance Question from Warsaw, IN

Asked on 11/18/2010

Uninsured part of my policy. I recently got into an accident of no fault of my own and the driver who's fault it was had no insurance.Now my insurance company is telling me it will be covered under the uninsured part of my policy but I'll have to pay the deductible. This makes no since to me since it was not my fault at all I feel like I am getting penalized for having insurance and having an accident with someone without insurance. Is that correct?

Answer given on November 18, 2010

The current insurance policy will usually cover damages by an uninsured driver.  However, you, as a policyholder, are subject to the deductible on your policy.

If the insurance company is able to collect the damages from the uninsured driver, then they will reimburse you for the proportionate amount of your deductible.  For example, if they collect 50% of the damages from the other party, then they will reimburse you 50% of your deductible.

While this may not seem fair, your insurance rates will not be affected due to this accident, since it was not your fault.  You do have the option of trying to collect damages directly from the other party.  However, if the insurance company is unable to do so, it is unlikely you will be successful either.

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