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If you have uninsured motorists coverage your insurance company will pay for your damages up front then handle the whole thing for you. Under UM coverage they also pay for the cost of all legal fees involved with getting a judgement and in collecting from the person At Fault. If you have no UM coverage then the entire affair is up to you and you will bear all costs involved. It may take many years to handle the process and the cost may exceed the benefit depending on the entire accident.
What else can I help you with?
Difference between uninsured motorist and underinsured motorist coverage?
This is actually ONE coverage, serving two different purposes. You will often see this expressed on a declarations page as UM/UIM. Uninsured motorist coverage is self explanatory. YOUR uninsured motorist coverage on YOUR policy will pay for damages to your insured automobile when an 'at fault' vehicle does not have any insurance coverage to pay for your damages. UIM is UnderInsured Motorist coverage and would be available when the damages to -your vehicle exceed the amount of coverage in effect on the at fault party's liability coverage. This is an important coverage to have; very few state minimum liability limits are adequate anymore to offer full protection to owners. Rising auto costs and auto parts costs, plus the lower threshold to declare a total loss make higher UIM limits a sound decision.
Will your insurance pay you direct for a hit and run claim?
If you have collision coverage then yes, car insurance companies will cover the damages caused to your car, or medical treatment required, within the stipulations of your policy. However, if you don't have collision or underinsured/uninsured motorist coverage, then you will not be covered for the damages to your property or self.
What kind of damages can a plaintiff recover if a defendant's actions have been fraudulent wanton or outrageous?
The kind of damages a plaintiff can recover if a defendant's actions have been fraudulent, wanton, or outrageous depends on the damages to the plaintiff. If the actions are wanton, the damages tend to be higher than if they are simply fraudulent.
What is the typical auto insurance?
"Typical auto insurance" is probably a misnomer. Most states require that certain levels and types of auto insurance maintained, but this is a matter of state law. There are also optional coverages that an auto owner may purchase. The primary types of auto insurance include the following: 1. Collision coverage: this pays for the physical repair to your own vehicle as a result of a collision either with another car or some other object. 2. Liability coverage: this pays for the damages for which you may be legally liable if the person or property of another is damaged by your negligence in operating a vehicle. If you or your insurer contest your liability, this coverage provides an attorney to defend you at its own cost. 3. Personal Injury Protection: this pays a portion of your own medical bills and lost wages if you are injured in a collision, even if it was your fault. In some states, it is known as "no-fault coverage". 4. Uninsured/underinsured motorist coverage: uninsured motorist coverage pays compensation to you if you are injured by the negligent operation of a vehicle by another and that person has no liability coverage (which would otherwise compensate you). Underinsured motorist coverage is triggered if their liability coverage is in an amount less than the "value" of your injury. Under certain circumstances (mainly, if you get your insurer's consent), you can accept the full liability limits of the at-fault driver, and collect the balance of the "value" of your injury from your own underinsured motorist coverage. The maximum amount that you can collect in uninsured/underinsured motorist benefits is the amount of coverage that you have purchased and for which you have paid a premium.
What risk is a legal defense that prevents a plaintiff from recovering damages?
A legal defense that prevents a plaintiff from recovering damages is known as an "affirmative defense." This can include defenses such as contributory negligence, where the plaintiff's own actions contributed to their injury, or assumption of risk, where the plaintiff accepted the risks associated with a risky activity. If successfully argued, these defenses can bar or reduce the plaintiff's ability to recover damages in a lawsuit.
If you were in an accident and the other driver received a ticket for expired insurance what will your insurance company do?
It depends on whether the at-fault driver has any resources of value and whether the courts might award to offset the financial damages. If not, it depends on the type of insurance. If you have comprehensive/collision, your damages will be paid up to the point of your deductable. If you don't have comp/collision, but DO have underinsured motorist (or whatever it's called in your part of the country, the insurance will again cover the damages up to the deductable.
What are the different types of insurance coverage available for a car?
The different types of insurance coverage available for a car include liability insurance, which covers damages to others in an accident you cause; collision insurance, which covers damages to your own car in an accident; comprehensive insurance, which covers non-accident related damages like theft or natural disasters; and uninsured/underinsured motorist coverage, which protects you if you're in an accident with someone who doesn't have enough insurance.
What must a plaintiff prove to win damages in a tort suit?
A plaintiff must prove four elements to win damages in a tort suit: duty of care owed by the defendant, breach of that duty, causation between the breach and the harm suffered by the plaintiff, and actual harm or damages resulting from the breach. If any of these elements is not proved, the plaintiff's case may fail.
If plaintiff receives compensation under an insurance policy then the damages that a defendant migh have to pay?
If a plaintiff receives compensation under an insurance policy, the damages that a defendant might have to pay could be reduced by the amount of the insurance payment the plaintiff received. This is to prevent the plaintiff from being overcompensated for their losses. The defendant would only be responsible for paying the remaining portion of the damages not covered by the insurance.
How can plaintiff be used in a sentence?
A plaintiff is a person who sues another. An example of the word plaintiff used in a sentence might be, "The plaintiff was suing the defendant over the broken lease and the alleged damages to the apartment."
What are negligence elements a plaintiff has to prove in a suit for damages on account of the negligence of the defendant?
In general, a plaintiff in a negligence claim must prove the following elements: duty of care owed by the defendant to the plaintiff, breach of that duty by the defendant, causation (both actual and proximate) between the defendant's breach and the plaintiff's injury, and damages suffered by the plaintiff as a result of the defendant's breach.
What does uninsured motorist and under insured motorist insurance cover?
Uninsured motorist coverage pays damages for bodily injuries when the at-fault driver or owner of a vehicle has no bodily injury liability coverage. It pays an amount up to the amount purchased by the insured, and is generally not a required coverage. In those states that utilize a comparative negligence rule of determining fault for a collision, the amount that the inured party can recover is reduced by the amount of liability attributable to him/her. In that respect, it operates similarly to the evaluation of the injury and damages if the at-fault party did have bodily injury liability coverage. Underinsured motorist coverage serves essentially the same purpose. However, it is triggered when the at-fault party's bodily injury liability coverage is less than the injured party's uninsured motorist coverage. Further, in order to be triggered, the "value" of the injury must exceed the liability coverage of the at-fault party.
