Episode 10 – Accidents With Uninsured Motorists

“Ask The Hammer” – Exploring the Legal Matters That Matter Most

Welcome to the podcast radio show with uninsured motorist car accident lawyer Darryl Isaacs, “The Hammer.” Do you have a legal question for The Hammer? Send your questions via Facebook or Twitter using #askthehammer or use the contact form on this page. You can also give the offices of Isaacs & Isaacs a call at 800-333-9999. We’d love to use your questions on the show!

Questions answered in this episode:

• What is Uninsured Motorist Coverage?
• Is UM an add-on policy or required?
• What’s the difference between Uninsured Motorist and Underinsured Motorist coverages?
• How does property damage work in these cases?
• Is Uninsured Motorist Coverage necessary?
• Is it tougher to collect for medical bills, lost wages and pain suffering without Uninsured Motorist Coverage?
• Does Uninsured Motorist cover hit and run accidents?
• What role does an attorney play in an accident involving an uninsured motorist?
• What do we need to know about Uninsured Motorist claim payouts an Uninsured Motorist claim settlements?
• What happens to the uninsured driver who causes a car accident?

Visit Our Uninsured Motorist Page

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Episode 10 Transcription

[music]

Host:
Welcome to Ask The Hammer: the podcast exploring the legal matters that matter most. I’m your host Jeremy Kocal and as always we are here with attorney Darryl Isaacs — The Hammer — ready to take on the most important questions about law. Today’s episode: Uninsured Motorist Coverage. We’ll discuss accidents involving drivers not carrying insurance, how underinsured coverage is different and what property damage and injuries [00:00:30] mean in these cases. We joined The Hammer now with a definition of Uninsured Motorist Coverage.

Host:
What is Uninsured Motorist Coverage?

The Hammer:
Uninsured Motorist Coverage basically protects you if you’re in an accident with another driver who does not carry Liability Insurance. So Uninsured Motorist Coverage protects you when the other driver does not have coverage.

Host:
And so this is an additional policy or add-on that people consider or [00:01:00] are required to have as an insurance coverage?

The Hammer:
Yes a lot of states mandate you carry it. It’s a separate premium from liability insurance. So whenever you get car insurance, hopefully the insurance agent will give you all your options — like Kentucky requires Uninsured Motorist to be mandatory coverage.

The Hammer:
And the reason states do that is because a lot of people will say they have liability insurance and they’ll have no coverage. And then if [00:01:30] you’re hit by them, the only way you can make a claim is if you carry Uninsured Motorist Coverage.

Host:
Ok that’s a good distinction. And then what about the difference between Uninsured Motorist and Underinsured Motorist?

The Hammer:
Underinsured Motorist Coverage, on the other hand, it’s coverage that when you’re in an accident with an at-fault driver whose liability limits are too low to cover the damages or your medical expenses, then you can go after your own company if [00:02:00] you carry the Underinsured Motorist. Now this in a lot of states is not mandatory, but you can pay an additional premium and have it.

Host:
So Uninsured Motorist car accidents really fall under two different main categories: You have Uninsured Motorist property damage and Uninsured Motorist bodily injury. What’s important about the property damage element here?

The Hammer:
Property damages — you want to carry coverage in case you’re in an accident and you’re at fault. Then your own carrier, even if your [00:02:30] at-fault will cover your property damage. A lot of people just carry what they call Liability Coverage and no Property Damage. So if your at-fault and you hit somebody, you’re going to be responsible for their property damage. But if you’re at-fault, the only way your car is going to be covered is if you carry your own Property Damage.

Host:
Is uninsured motorist coverage necessary?

The Hammer:
Yes. I believe it is because there is a large percentage of drivers out there who are uninsured and Uninsured Motorist [00:03:00] Coverage protects you when the other driver does not have coverage.

Host:
So this type of insurance coverage that we’re discussing — if somebody does not carry Uninsured Motorist Coverage and they’re in an accident, it must make it a lot more challenging to make a collection and a recovery for medical bills, for lost wages, pain and suffering?

The Hammer:
Well and there’s other coverages that are part of it. You know, there’s Med-Pay or PIP coverage that pays medical bills. But Uninsured Motorist is the coverage I would recommend. Obviously [00:03:30] you have to have liability insurance to operate a car. And I also like to carry — I just like full coverage. Carry Uninsured, Underinsured, Liability, PIP or Med-Pay and Property Damage. And then I would always add an umbrella on top of all that, just to protect you with additional coverages.

Host:
Does Uninsured Motorist cover hit and run?

The Hammer:
The thing that’s kind of tricky is there’s gotta be contact. But generally, yes it does cover it.

Host:
And [00:04:00] so what role does an attorney play in an accident involving an uninsured motorist?

The Hammer:
The role of a lawyer or an uninsured motorist accident is they’re going to represent you against your insurance company. Even though you have coverage and it’s your company, they’re still going to try to pay you as little money as possible. So you still need representation to make sure your rights are protected.

Host:
Regarding Uninsured Motorist claim payouts an Uninsured Motorist claim settlements — is there anything that you’d [00:04:30] want people to know about how those work?

The Hammer:
Well yes. They’re basically on what we call contingency contracts. So what that means is unless the attorney recovers money, you don’t pay them. A lot of people might, you know, hire an attorney to do other matters like a divorce or you know a corporate… you’re paying an hourly rate. The beautiful thing about contingency contracts is, it’s what I would call “incentive pay.” The lawyer fights hard because the only way the lawyer gets paid is if they collect money for you. So [00:05:00] if the lawyer doesn’t win your case or doesn’t get a settlement or doesn’t get a verdict, you don’t pay them anything.

Host:
So in the scenario where you are in an accident, the other driver is at fault and that driver does not carry insurance. Maybe you’d make a claim with your own insurance policy if you carry Uninsured Motorist. But what happens to that other driver who has caused the accident, who does not carry insurance? It sometimes feels like they’re let off the hook. So how does justice prevail here?

The Hammer:
There are statutes enacted that if a person is driving without insurance [00:05:30] on their car, they’re cited, you know, they could be liable to the insurance company who pays out on behalf of the driver who’s not insured.

The Hammer:
So what I mean by that is — if a person is hit by a person with no insurance and they make a claim under their own insurance company, the insurance company has a right to go after that person after they pay the plaintiff to try to get their money back. Just because you don’t have insurance doesn’t mean you may not end up paying. It’s just Uninsured Motorist makes [00:06:00] it easier for the insuree to make a claim with his or her insurance company, and then let the insurance company go after the driver who didn’t carry insurance.

Host:
If you have a legal question you’d like to ask The Hammer reach out to us on Twitter on Facebook or the website wewin.com — we’d love to tackle your question on our next show.

And here’s our legal disclaimer

This podcast should not be used in any legal capacity whatsoever. If you have specific legal questions, contact [00:06:30] an attorney to discuss specific legal matters about your case. The attorneys of Isaacs & Isaacs operate nationally with their primary office in Louisville, Kentucky. Listeners should note that legal services may be performed by others. Join us next time with Darryl Isaacs on Ask The Hammer. Thanks for listening.

Visit Our Uninsured Motorist Page

Get Your Question Answered By Darryl Isaacs

Got a legal question for The Hammer? Reach out using the contact form on this page or give the team at Isaacs & Isaacs a call at 800-333-9999. Be sure to check out the The Hammer’s blog and more podcast episodes from attorney Darryl Isaacs!