What happens if I get crashed into by somebody who doesn’t have auto insurance coverage? For the record, I do carry uninsured motorist coverage. Is my car insurance going to give me my damages, and then chase after the uninsured driver to get from him what they paid out to me?

Lynn

That’s a good question, Lynn.

The first question that you should ask in this situation is what the policy of your company and state is. Some companies would do this, others would not, and certain states have laws concerning lawsuits against uninsured drivers. However, I would say that it is very likely that if this happens, then your insurance company would subrogate (go after with a lawsuit, as you might say) the insured driver.

First of all, you say you have uninsured motorist coverage. This will take care of all of the damages that a motorist’s liability insurance would normally pay for. While your car insurance company is able to subrogate the other driver, you are also allowed to go after him or her in order to get compensation for any emotional or other long lasting struggles that yo have faced.

When in doubt as to your options, consult with an attorney. If you intend to file lawsuit against the uninsured motorist that your auto insurance coverage took care of, then you will need to have legal consultation.

Cheers,

Fashun Guadarrama.