Visitor Question

Does Uninsured Accident Law Allow Me To File a Claim?

Submitted By: ARNOLD (VA)

I have a question about uninsured accident law. I was involved in a car accident and rear ended a parked car. I was transported to the hospital where I was treated for injuries. I later received a ticket for reckless driving when

leaving the hospital, after overnight monitoring.

My passenger who also was in the car during the accident informed me that the accident was caused by him. He further began to tell me that in an attempt to clean the windshield he jolted the steering wheel to the right (toward him). He does not have car insurance.

I went to court for the ticket and was placed on driving probation for six months. If I do not receive any moving violations the ticket will be dismissed.

After dismissal of the ticket can I file a claim under my uninsured motorist coverage? Being that he has no insurance is this covered under my uninsured motorist coverage? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear ARNOLD,

Unless your friend is willing to tell the adjuster (who would be assigned in your filed a claim) that the accident was his fault, this will probably not qualify under your UIM policy because from all appearances, the accident is your fault.

While citations are not the only evidence of fault, they are certainly a good indicator and you clearly received a citation for reckless driving. The other issue that the insurance company will be concerned about is potential fraud. Whenever the facts of an accident seem fairly unbelievable, they will refer it out to a fraud investigation unit.

I am, in NO WAY, suggesting that this is the case but merely advising you that you need to thoroughly think this claim through before filing it.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 25, 2011

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