If you have been involved in an accident with an underinsured driver who wasn’t using his or her headlights, you might be left wondering what to do and what are your rights. All drivers are required to maintain auto insurance coverage. Each auto insurance policy has a limit – such as 25/35/15. In this case, that means that the insurance will pay up to $25,000 for an individual’s medical expenses after an accident, up to $35,000 maximum, and as much as $15,000 for property damages. If the damages caused by the crash exceed the amount of the policy, then you will need to file an additional claim against your underinsured motorist coverage. That will pick up where the at-fault driver’s coverage left off on paying for your damages.
What To Do If The Other Driver Didn’t Use His Or Her Headlights
If you have been hit by another driver who didn’t use his or her headlights, it might become a he said-she said dispute and you might have to gather supporting evidence to show that the other driver was driving without his or her headlights on. You could benefit from witness statements, dash camera videos, surveillance or traffic cameras, and anything else that might help you prove that the other driver didn’t have headlights on when they should have. Always stay on the accident scene and call the police as an accident report is needed.
If possible, get photos of the accident scene using your smartphone. Get pictures of the damages from all angles. Ask witnesses to provide you with statements and get the names and contact details for any witnesses. Maintain thorough documentation that shows your damages. Keep copies of medical bills, repair estimates, the accident report, proof of missed work and lost wages, witness statements, and anything else that will help support your claim and show the damages that you suffered as a result of being hit by an underinsured motorist who didn’t use headlights.
Pursuing A Claim If The Other Driver Was Underinsured
You will first file a personal injury claim with the other driver’s insurance. When that insurance maxes out or pays all that it will pay and you have other damages left, you will need to file a claim with your underinsured/uninsured motorist coverage. Your insurance will have to see what the other driver’s insurance coverage paid you and how much your damages totaled after the accident with the underinsured motorist not using his or her headlights.
Consult With A Personal Injury Attorney
If you have been hit by an underinsured motorist not using his or her headlights, you will need to enlist the help of a personal injury lawyer. When you enlist the help of a lawyer who handles personal injury claims, you will not have any upfront costs. Instead, your lawyer will take the case on a contingency basis, which means that the attorney will not get compensated until you have won your claim and get a judgment or a settlement for your damages.
