If I had an accident with an uninsured driver who was at fault, what expenses should my insurer cover?

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If I had an accident with an uninsured driver who was at fault, what expenses should my insurer cover?

I have car insurance and recently got hit from the rear. The person that hit me did not have any insurance and his license was suspended. An agent just called me and told me that I would have to pay out of my pocket to get my car fixed. Why and how is this possible? Isn’t this what I pay monthly insurance for?

Asked on June 5, 2014 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

What kind of insurance do you have? If you have collision, it should pay (subject to policy limits and deductible)--that's what collision is for. Or if you have uninsured motorage coverage, again, the insurance should pay. On the other hand, if you only had liability insurance, that would not help you--that pays other people when you are at fault in an accident and injure them or damage their cars, but does not provide protection or coverage to you.

If you believe that you have insurance that would apply and the insurer is not paying, you could sue the insurer for breach of contract (an insurance policy is a contract) to force them  to pay.

Note though that if you have insurance but you have a high deductible, if the deductible is greater than the cost to repair your car, you will pay out of pocket, since you do not receive insurance proceeds until and unless the deductible is satisfied.


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