#5 What should my patient do if the at fault driver in a car accident doesn’t have auto insurance?
QUESTION: What should my patient do if the at-fault driver of the car accident they were in doesn’t have auto insurance?
ANSWER: If the at-fault driver in the car accident does not have auto insurance, your patient can use their Underinsured Motorist Coverage from their own car insurance policy. When accessing their Underinsured Motorist coverage, your patient’s auto insurance company functions as if it were the at-fault party’s insurance company. Your patient should file an underinsured motorist claim with their own car insurance company. However, they should not expect preferential treatment from their own insurance company — no matter how long they’ve been insured. It’s critical that your patient understands this to manage their expectations properly and ensure that they’re not taken advantage of and that they know how to protect themselves and their claim.
What should my patient do if the at-fault driver of a car accident doesn’t have auto insurance?
We are fortunate in the state of Oregon, that all private passenger automobile policies sold here have what is called Underinsured Motorist Coverage. Think of an automobile policy being like a book — most books are divided up into chapters. In the Underinsured Motorist Coverage chapter of your car insurance policy book, you’ll find that if your patient is injured due to the fault of someone else, who doesn’t have insurance, your patient’s insurance company will act as if they were the other person‘s insurance company.
For your patient to access this part of their policy, they will need to contact their own insurance company, or the insurance company for the car that they were in when the car accident happened, and make what’s called an “uninsured motorist claim.”
This will provide the insurance benefits as if the at-fault driver had insurance.
One problem we often see is that your patient will make a reasonable assumption that since they’re filing a claim with their own insurance company, the insurance company is looking out for your patient’s best interest.
When your patient files an underinsured motorist claim with their own insurance company, the claims process will function very much, if not the same as if they were working with the at-fault driver’s insurance company.
We’ve had clients that have been with the same insurance company for over 30 years. They made their premium payments every year of those 30 years — and understandably so, they’re caught off guard when their own insurance company treats them like a complete stranger.
If you’re comfortable talking with your patients about their personal injury claim, it’s important to let them know they can make an uninsured motorist claim with their car insurance company. Letting them also know that they should not expect better treatment than if they were dealing with the at-fault driver’s insurance company, will set appropriate expectations.
We’re here to be a bridge of support for you and your patients.
We have developed a robust library of information for your patients who have been injured in an accident, which can be found in the INJURED? START HERE portal on our website.
There are 40 topic-focused articles, with accompanying videos, organized into the four categories that include the personal injury claim-related questions we’re asked most often, which include:
- Top 10 Personal Injury Claim Mistakes to Avoid
- What You Need to Know About Your Claim
- How Are My Medical Bills & Wage Loss Paid
- How to Prepare for Your Independent Medical Exam
Each article provides advice and guidelines to help your patients navigate each phase of the personal injury claims process. Whether we represent your patient or not, we are passionate about them knowing how to protect their rights, get the medical care they need, and avoid the mistakes that can harm their personal injury claim.
Each article provides advice and guidelines to help your patients navigate each phase of the personal injury claims process. Whether we represent your patient or not, we are passionate about them knowing how to protect their rights, get the medical care they need, and avoid the mistakes that can harm their personal injury claim.
Additionally, if it would be helpful to have the information we feature on our website available in your office to pass along to your patients, we’ve developed brochures for each of the four article series -- in both English and Spanish that we’re happy to send to your office. Please complete the form below and we’ll get them out to you promptly.
