#6 What if the driver who caused the accident does not have car insurance?

QUESTION: What if the driver who caused the accident does not have insurance?

ANSWER: In Oregon, if you’re in an accident caused by an uninsured driver, your own auto insurance policy’s Uninsured Motorist Coverage (UM Coverage) protects you. This coverage acts on your behalf to cover injuries and damages, ensuring your medical care and treatment are addressed without concern. Even with a basic policy, UM Coverage is included. If the at-fault driver lacks insurance, file an uninsured motorist claim with your insurer, who will then proceed as if they were the other driver’s insurer.

What if the driver who caused the accident does not have insurance? 

People drive without insurance. That is the reality. So, what happens if you’re in a car accident caused by someone without insurance? Perhaps, they gave you their insurance card at the scene, only for you to find out they really didn’t have current car insurance coverage.

Fortunately, in Oregon, there are auto insurance laws that protect you. Think of your car insurance policy as being like a book. Most books are divided up into chapters. One of the chapters in your auto insurance book is called, “Uninsured Motorist Coverage.” This part of your insurance policy “book” protects you if you’re injured by someone who doesn’t have insurance.

Even if you buy the bare-bones auto insurance policy, you still have Uninsured Motorist Coverage (UM Coverage.)

The way UM Coverage works is let’s say a person runs a red light and they hit your car and cause an accident. While exchanging information, they give you their insurance card and you think, “Everything is going to be fine. They may have run a red light and caused a collision, but they have insurance.”

However, days later, when talking to their insurance company, the adjuster tells you they actually don’t have current coverage and the accident won’t be covered by their insurance policy. This is when you contact your insurance company and make what is called an “uninsured motorist claim.”

Your insurance company will first verify that the person who caused the collision did not in fact have car insurance and once that has been confirmed, then your insurance company will act as if they were the other person’s insurance company.

While it may seem strange to make a claim for your injuries through your own insurance policy, that is the way Oregon law is written — thank goodness. The important thing is not to assume that your insurance company is going to treat you well because you’ve been paying your premiums to them for years.

The reality is, that they will treat you the same as if you had insurance through a different company and they were the at-fault driver’s insurance company.

If you do find that the person who caused the accident and hit your car does not have automobile insurance, there is no cause for concern or worry. You will be protected through your own insurance policy and the medical care and treatment for your injuries will be taken care of.

Whether you’re our client or not, we want to be a bridge of support for you.

We’ve developed a robust library of articles and videos organized into four topics which include our responses to the personal injury claim-related questions we’re asked most often.

• 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

The articles provide advice and guidelines to help you navigate each phase of the personal injury claims process. Whether we represent you or not, we are passionate about helping you protect your rights, you receiving the medical care you need to recover from your injuries, and having the information you need to avoid mistakes that can harm your personal injury claim.