Hit by an Uninsured Driver

by Ronel Forbes

September 13, 2022

It is safe to say that the Philippines has a worse-than-ideal track record for highway safety given the country’s annual rate of literally tens of thousands of auto accidents. It is not an issue of if you will collide with someone, but when.

And of course, we all cross our fingers and hope that nothing bad happens and that no one gets hurt, but we also know that this rarely happens. The best you can hope for is that there is current insurance in place for each party to cover the costs of retrieval and repairs.

What happens, though, if you find yourself in the all-too-common situation of getting hit by a driver who is driving without insurance?

What am I supposed to do?

First off, it’s a frequent misperception that suing an uninsured driver is pointless or ineffective. It is impossible to draw that conclusion in a car crash case since there are so many pieces of information needed. The best course of action is to defer to a qualified attorney who has built their career on fighting for justice in personal injury cases.

There are still options you need to consider if there is really no possibility to recover money from the uninsured motorist, such as in the case of a hit-and-run if the offender cannot be found. You’ll mostly need to submit an uninsured motorist claim to your insurance company.

If they’re like most insurance companies, they won’t be overjoyed about this and will likely try to give you the cheapest payout possible, which might only be enough to cover the real losses.

Actual Damages

In almost all uninsured driver claims, the insurance provider will provide you just enough money to compensate actual damages, which are those that can be scientifically evaluated in dollars and cents. Up to the extent that your policy permits, of course, visible, actual damages like a crater on the bumper or a cut on your collarbone will be included in the collection.

You could be devastated by what they don’t cover, such as:

Punitive damages also referred to as exemplary damages, are assessed as compensation for wrongdoing, such as careless driving.
Insurance companies will fight to keep you from receiving nominal damages if you feel your suffering in a car accident went beyond mere physical harm.
Payment in full: An uninsured driver policy, for which you must pay a monthly fee, will only cover up to a certain amount, usually ₱500,000 for injuries to one person and ₱800,000 for all injuries.

How Will You Get Compensation After a Collision With an Uninsured Driver?

Many accident victims, particularly those who sustain traumas like spinal cord injury or traumatic brain injuries, must worry about expensive medical expenditures after the collision. In addition, their injuries can keep them from going back to work and earning the money they need to pay their debts.

Can you receive money after a collision with an uninsured driver or assistance with paying your medical bills? You have a number of choices.

Uninsured Driver Insurance

If you sustain injuries in an accident that was caused by a driver without insurance, uninsured motorist coverage provides essential protection. Although it is not mandated in every place, drivers in the Philippines are required to have a ₱500,000 uninsured motorist policy on their cars.

Your vehicle’s damage and any reimbursement for injuries you sustained in a collision are both covered by your uninsured motorist coverage. Normally, your insurance provider won’t let you have more liability insurance on your car than uninsured motorist coverage.

Collision Insurance

If you simply have liability insurance on your car, you most likely don’t have collision insurance, which pays for damage to your car in an accident. When they cause an accident, most drivers utilize it to pay for the damages. However, if you are in an accident with a motorist who does not have liability insurance, your collision insurance may be able to assist pay for the damages to your car.

Protection Against Personal Injury

Each driver is responsible for covering their own medical costs up to the insurance limitations, regardless of who caused the collision. This insurance could cover your costs if you have a minor accident.

What should you do if an accident results in injuries lacking no-fault regulations?

A Lawsuit

You might need to file a lawsuit if the at-fault driver was uninsured if you want to get paid for your damages. Remember that many uninsured drivers may not have the money to pay for your damages even if they are found to be fully at fault, so even if you submit a claim, you might not get the money you hope for.

However, you may also make a claim against any party who assisted in the accident in addition to suing the person who caused your accident. An attorney can assist with the investigation into the accident and the identification of any other parties.

Health Insurance

Did your accident leave you with any major injuries? You may use your health insurance to help pay for your medical costs if your injuries require more medical care than your insurance will cover.

As quickly as possible, have your automobile accident attorney get in touch with your health insurance company to inform them that you were hurt in a collision with an uninsured driver.

Your health insurance company can give you important details on your copays, deductibles, and, if necessary, the doctors in your insurer’s network. You can learn more about the coverage your policy provides, such as the number of physical therapy appointments that are covered in a calendar year, whether your policy covers durable medical equipment, and, in the event of serious injuries, what to anticipate for coverage for long-term hospitalization or the requirement to stay in a rehabilitation facility.

Conclusion

Driving without insurance can have major repercussions for drivers. Keep your composure and call your insurance company if you are struck by an uninsured driver.

Your insurance policy is intended to safeguard you from uninsured motorists. You should always pay your insurance premiums, for this reason. And if insurance premiums seem excessive, look around for options with lower premiums.