You have te right to recover full compensation for your injuries - future medical care, lost income, pain, and suffering, for example - but many drivers do not carry adequate insurance for the accidents and injuries they cause.  If you carry uninsured or underinsured motorist coverage on your automobile policy, you will likely be entitled to recover on that policy to the extent of the policy limit.   Unfortunately, if you do not carry UM or UIM coverage, it can be very difficult to recover adequate compensation from the driver who caused the accident if he has a minimum insurance policy.  You can ultimately obtain a judgment and attempt to garnish his wages or other accounts to satisfy the judgment, but the law includes a number of protections for debtors (including the ability to discharge the debt in bankruptcy) and few dangerous drivers have sufficient assets to pay such a judgment or faiirly compensate their victims. The moral of the story - make sure you have sufficient uninsured motorist coverage to protect yourself and your family. 

Frequently Asked Questions

 


Q:

I have severe injuries from an accident caused by a driver with a minimum insurance policy.  Can I recover more than his policy limits?

A: You have te right to recover full compensation for your injuries - future medical care, lost income, pain, and suffering, for example - but many drivers do not carry adequate insurance for the accidents and injuries they cause.  If you carry uninsured or underinsured motorist coverage on your automobile policy, you will likely be entitled to recover on that policy to the extent of the policy limit.  

Unfortunately, if you do not carry UM or UIM coverage, it can be very difficult to recover adequate compensation from the driver who caused the accident if he has a minimum insurance policy.  You can ultimately obtain a judgment and attempt to garnish his wages or other accounts to satisfy the judgment, but the law includes a number of protections for debtors (including the ability to discharge the debt in bankruptcy) and few dangerous drivers have sufficient assets to pay such a judgment or faiirly compensate their victims.

The moral of the story - make sure you have sufficient uninsured motorist coverage to protect yourself and your family. 


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