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What Are the Requirements of Motor Vehicle Liability Insurance?
Insurance specifications vary by state, and are often categorized by coverage for injury, death, and property damage. The local Department or Bureau of Motor Vehicles provides information regarding state insurance requirements on its website or in its office.
What Is an Uninsured Motorist Clause?
An uninsured motorist clause requires an insurance company to pay its insured's actual damages if the owner, or a passenger, of an automobile is injured by another driver without liability insurance. Most insurance companies offer an uninsured motorist clause for an added premium fee. If your policy includes such a clause, you are protected even if the other driver is underinsured or uninsured.
Does My Policy Contain An Uninsured Motorist Clause?
Some states, including Illinois and New York, require motorists to purchase this insurance. In states that do not have uninsured motorist mandates, such as California, Florida, and Texas, drivers may purchase it in addition to basic insurance. This coverage is beneficial as it should cover the driver in the event they are involved in a serious accident with an underinsured or uninsured driver.
What Are The Consequences of Driving Uninsured?
The costs of driving without insurance may include license suspension or revocation, costly fines, and increased insurance fees once such protection is obtained. Additionally, an uninsured driver risks losing personal assets if she is responsible for an auto accident.
Are There Any Defenses to Driving Without Insurance?
Although there is no guaranteed defense for an uninsured driver, the driver can attempt to make several arguments. Among the factors that a court may consider are:
- Whether there was a substantial length of time during which the driver was without insurance;
- Whether the driver knew that he or she was driving without insurance
- Whether the insurance company informed the driver in a certified letter about policy revocation; and
- Whether the insurance company provided the driver with adequate and proper notice about policy cancellation.
Do I Need A Lawyer?
If you have been in an automobile accident involving an uninsured driver, a personal injury lawyer will be able to inform you of your rights and aid in the settlement process.
Consult a Lawyer - Present Your Case Now!
Last Modified: 09-05-2014 04:03 PM PDT
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