Car accidents involving uninsured motorists occur every day. Many states require that the person responsible for the accident compensate the injured person for damages. Unfortunately, many drivers do not carry sufficient liability insurance to cover those damages. Although it is against the law, other drivers choose not to carry any insurance.
Uninsured motorist claim
This is when uninsured and under-insured motorist coverage can help. When an at-fault driver carries no insurance or insufficient insurance, uninsured motorist coverage provides compensation to the victims. Individual drivers purchase uninsured motorist coverage from their own insurance company in addition to liability insurance. The type of uninsured motorist benefits varies depending upon the amount of insurance selected. Some states, including Rhode Island, allow for stacking of benefits. This occurs when a victim receives compensation from his or her own insurance company and receives some compensation from the insurance company of the at-fault driver. Under-insured motorist coverage provides a source of compensation to an injured party when the existing liability coverage of the at-fault driver does not fully cover damages. www.insurancelawhelp.com
Uninsured motorist claim attorneys
Many states, including Rhode Island, mandate insurance coverage for drivers. However, some drivers choose not to carry insurance. Insurance companies consider these drivers to be uninsured motorists. Some states define a hit and run driver who flees the scene without providing identifying information as an uninsured motorist. This allows the insurance companies to pay out claims on bodily injury. An under-insured motorist purchases the base minimum of coverage as mandated by law. However, the limits of that individual policy fail to pay for the total damage caused by an accident. For insurance purposes, insurance companies consider under-insured drivers to be uninsured drivers.
Bodily injury losses
Uninsured motorist coverage pays for bodily injury losses to the injured driver and passengers when an accident occurs with an uninsured motorist. This type of additional coverage pays for medical expenses, lost wages, loss of earning capacity, pain and suffering, and other damages caused by the accident.
Frequently an uninsured driver has no employment, a low wage job, and no assets. Thus, no way exists to pay out claims for damage done in an accident. Uninsured motorist coverage provides for payment in those cases. If an uninsured motorist causes an accident with a driver who carries uninsured motorist coverage, that driver can pursue several options. He or she should contact a competent RI Personal Injury attorney that focuses on motor vehicle law. The driver can proceed with a claim against his or her own uninsured motorist coverage for damages, such as medical bills, lost wages, and pain and suffering.
“Uninsured and under-insured motorist coverage reimburses policyholders in an accident involving an uninsured, underinsured or hit-and-run driver. Twenty states and the District of Columbia have mandatory requirements for uninsured or underinsured motorist coverage. More than half of the states have passed laws and begun to develop and implement online auto insurance verification systems to identify uninsured motorists.
One in eight drivers, was uninsured
In 2015, 13.0 percent of motorists, or about one in eight drivers, was uninsured, according to a 2017 study (latest data available) by the Insurance Research Council (IRC). The percentage has been rising since it hit a record low of 12.3 in 2010. Florida had the highest percentage of uninsured motorists, 26.7 percent, and Maine had the lowest, 4.5 percent. IRC measures the number of uninsured motorists based on insurance claims, using a ratio of insurance claims made by people who were injured by uninsured drivers relative to the claims made by people who were injured by insured drivers.” Insurance information Statistics
You have just been involved in a vehicular accident such as a car, truck or motorcycle crash accident and are suffering serious injuries caused by the negligence of another driver who has no insurance. (uninsured motorist) Now what? Exactly how are you going to pay your medical expenses, recoup money lost from time away from work and cover your damages and out of pocket expenses?
Automobile liability insurance coverage
Maintaining automobile liability insurance coverage is compulsory in nearly every jurisdiction in the United States, including Rhode Island. However, despite state laws compelling the purchase of automobile insurance indemnity insurance, many drivers continue to operate their motor vehicles without it.
Compulsory Insurance Laws in Rhode Island
Accidents involving uninsured motorists are a serious problem in the United States. According to USA Today, one out of every seven drivers on the roadway is uninsured and many more are underinsured with inadequate coverage to satisfy their financial obligation to victims of a car accident they are responsible for. The number of Americans who have allowed their insurance coverage to lapse has increased dramatically over the last few years.
For the most part, many motorists driving without insurance has resulted from the economic downturn that has left so many Americans financially strapped. Other drivers choose to ignore the obligation to purchase insurance even though they have no financial ability to pay for property damage and personal injury that they caused in a car accident. Hit and run accident in Rhode Island are especially problematic.
State laws make it compulsory that every driver must maintain automobile insurance coverage as a way to ensure that innocent victims are protected in the event of a car, truck, van or motorcycle accident. Driving without insurance often brings with it heavy fines and, at times, a suspended or revoked driver’s license. This is because uninsured drivers lack any liability coverage that is necessary to pay victims for their medical bills, property damage or wrongful death when it can be proven that the accident was their fault.
Any motorist deemed at fault for a car accident is required to provide insurance for injuries and damages caused to others by their neglect or reckless behavior. Liability insurance provides coverage to victims by providing compensation for a variety of damages including:
• The expense of hospitalization, medical treatments, rehabilitation and physical therapies.
• Lost wages and the loss of ability to earn a living.
• The cost of property damage to replace or repair the victim’s items that were destroyed or damaged in the accident.
• Intangible costs including pain, suffering and mental anxiety.
• Wrongful death
RI Hit and Run accidents
Uninsured and underinsured motorists place a heavy financial burden on responsible drivers who choose to purchase compulsory liability insurance coverage. This is because in addition to buying regular liability insurance, drivers may be required to purchase uninsured motorist coverage as a part of their liability policy.
The uninsured motorist policy rider also provides coverage in the event that the injured party is a victim of a hit-and-run accident, where the driver at fault fled the scene. To receive this compensation, injured parties must file a claim with their own insurance company or the insurance company of the motorist who owns or operates the motor vehicle they were a passenger in. However, these types of uninsured motorist claims are complex and often require the extensive experience of a reputable Rhode Island personal injury attorney or Providence car cras attorneys who handle uninsured motorist accident cases in RI.
The Burden of Proof
In many situations, it is difficult to determine if the driver at fault for the accident had insurance or not. In many situations, insurance carriers are reluctant to pay all claims involving uninsured motorist. Hiring a Rhode Island uninsured motorist accident claims lawyer can help make the complicated legal process much easier.
A skilled RI auto accident attorney representing the victim can investigate the accident, collect evidence, gather eyewitness testimony and hire investigators and professional experts to build a solid case for compensation.USA
If you been involved in an uninsured vehicle or trucking accident in Rhode Island when driving a vehicle, riding a bicycle or as a pedestrian, do you know if you can receive financial compensation from the uninsured motorist? Unfortunately, many motorists drive their vehicles without auto insurance to cover an accident with injuries or fatalities caused by an uninsured or under-insured motorist.
Filing a Rhode Island and Providence Plantations cause of action against the uninsured individual who caused the RI car accident usually provides little compensation to pay your medical bills, lost wages and damages or offer you compensation for your suffering and pain. However, there is a variety of solutions.
Uninsured motorist claims lawyer in Rhode Island
If an uninsured truck, car or automobile driver struck your motor vehicle, you likely carry uninsured motorist (UM) coverage as a part of your automobile insurance policy. If it is a part of your coverage, you can file a claim for compensation against your own insurance carrier policy. If you were injured as a result of a hit and run crash in Rhode Island where a motorist leaves the scene of the crash then it is automatically considered an uninsured motorist cuase of action. If you were riding as a passenger in a vehicle struck by an uninsured motorist, you might still be covered under a UM policy.
Uninsured for a number of reasons
A person could be uninsured for a number of reasons including:(1) lapse of policy coverage for nonpayment of insurance premiums (2) the motorist never had insurance (3) The motorist is an illegal immigrant lacking a license or insurance etc.
If you are riding a bicycle or walking as a pedestrian in Rhode Island and struck by an uninsured driver, your uninsured motorist policy may still provide you coverage even though you were not in your vehicle at the time. A RU uninsured motorist attorney can evaluate your case to offer effective solutions for obtaining compensation.
Compensation You May Receive
The Compensation You May Receive as a result of being hit by a hit and run driver or an uninsured motorist. The uninsured motorist coverage of an insurance policy in Rhode Island pays compensation when the driver at fault for the accident in Providence, Pawtucket, Central Falls or Woons0cket does not maintain insurance. The coverage provided by the plan pays for nearly all expenses that include:
• The cost of hospital care, ambulance transportation, paramedic assistance and medical bills including prescriptions, dental, MRIs and x-rays
• Compensation for lost wages, income and earnings
• Compensation for any lost earning capacity in the future because of a temporary or permanent disability caused by the accident
• Pain, suffering, mental anxiety and emotional distress
• Disfigurement or amputation
• Loss of enjoyment of typical daily activities because of the injury
(Uninsured motorist protection is very similar to under-insured motorist protection insurance coverage. Under insured coverage is needed if another motorist does not have enough insurance to compensate you for lost wages, medical bills, pain and suffering and diminished earning capacity as a result of the RI auto crash.) If you were involved in a automobile collision, motorcycle or tractor trailer with a motorist who does not have enough insurance to cover your damages and losses then you should contact a Rhode Island underinsured motorist claims personal injury lawyer.
What to do after a vehicular wreck
In the event that you are the victim of a a trucking or car accident in Rhode Island caused by an uninsured motorist, it is essential to call law enforcement immediately. If any individual is suffering injuries, call an ambulance too. If the motorist is uninsured, they sometimes flee the scene of the accident. Quickly jot down all information you have including the license plate, make model and color of the vehicle that hit you. Write down any description you have of the motorist and passengers inside the vehicle.
At fault for the accident
If the driver at fault for the accident stops, write down all contact information including their name and address. If possible, take a picture of the uninsured motorist’s vehicle along with photographs of the accident scene, skid marks, weather conditions, and any other struck object including guardrails, signage or other vehicles. In addition, collect the contact information of all eyewitnesses.
Obtaining Legal Representation in an auto accident
Hiring a Rhode Island personal injury attorney who specializes in uninsured motorist claims can help. The RI uninsured motorist claim lawyer can assist you coordinating all available evidence. The Providence law firm can draft the notification letter to the insurance carrier and structure a demand letter for financial compensation. The attorney will have skills in negotiating your settlement or building a case to take your lawsuit to a negligence trial or arbitration.
East Providence RI underinsured accident lawyer
A East Providence RI car accident attorney can ensure that you receive adequate compensation even if the driver is uninsured. By obtaining legal representation, the Woonsocket, Cranston or Warwick lawyer will fight to protect your rights in the event that the insurance company is acting in bad faith by denying the claim or offering only minimal compensation. Typically, the Newport, Barrington or Bristol law firm offers a no obligation free initial consultation to discuss your case and provide you a variety of legal options for recompense.
Liability insurance on automobiles, trucks
Even though liability insurance on automobiles, trucks and other vehicles are compulsory in nearly every jurisdiction, many drivers are still uninsured. Every state except New Hampshire requires motorists to maintain automobile liability insurance before they can legally drive on streets, roads and highways. Even though motorists are compelled by law to purchase car insurance, many elect to drive uninsured for numerous reasons.
Uninsured Motorist Statistics and Accidents
Statistics maintained by the IRC (Insurance Research Council) shows that approximately 13 percent of all drivers do not have insurance. That number represents one in six motorists nationwide. While there are numerous factors involved in the decision of driving uninsured, most reasons involve affordability. Studies released by the Financial Responsibility Insurance Committee (FRI) found that four out of five uninsured motorists claim they cannot afford monthly premiums or that their vehicle is either not being used or is inoperable.
The actual percentage of motorist driving uninsured motor vehicles, trucks and motorcycles varies state-by-state. The numbers of uninsured motorists range from a low of one percent in Massachusetts to a high of 29 percent in New Mexico and Mississippi. The numbers of uninsured motorists operating motor vehicles in the states of Missouri, Indiana and Rhode Island range midway at approximately 14 percent of all drivers.
Passing the Cost of bicycle, automobile and trucking wrecks On
The costs involved in uninsured drivers are a significant financial issue for the majority of responsible motorists following state compulsory insurance laws. The expense of the uninsured drivers and motorists are passed on to law-abiding drivers through their uninsured motorist coverage added to their premiums. This means that insured motorists in Rhode Island must pay for ensuring their own risks while also financially protecting themselves against the potential of being involved in a Rhode Island accident with an uninsured driver.
According to the National Association of Insurance Commissioners (NAIC), insured motorists pay for drivers without policies at a cost of more than $10 billion in additional insurance coverage annually. Yearly average premiums for insurance are expensive in some states including Louisiana ($1100 annually), Rhode Island ($986 annually) and Maryland ($922 annually).
Auto Accidents and car collisions Are on the Rise
Obtaining uninsured motorists coverage might be costly, but driving without it will likely cost more if involved in a Providence, Pawtucket or Woonsocket RI accident. This is because there is a significant rise in uninsured motorist-related accidents on the nation’s freeways, roads and streets.
Statistics from the Insurance Research Council in 2012 indicates that the average automobile accident claim for reimbursement, repair and medical expenses totaled more than $17,000. Studies have indicated that one in seven vehicle accidents involve an uninsured motorist. Out of the more than 5 million automobile accidents that occur every year, more than 700,000 victims would be unable to file a claim if they did not maintain uninsured motorist coverage. This means there would be no insurance recompense for their car repair, vehicle replacement, medical expenses, lost wages, property damage and other bills.
Sadly, many uninsured claims are a result of a hit and run car accident in which the negligent motorists flees the scene of the RI automobile crash. In some cases, the hit and run motorist was also a drunk, reckless or stoned motorist. A hit and run motorist in Rhode Island is considered by the law to be an uninsured motorist.
Drunk drivers major risk
The reasons why a drunk driver is dangerous is obvious. The person is highly impaired at the time he or she gets behind the wheel of a vehicle. Intoxication can lead to impaired judgment, which is why drunk drivers speed, make illegal lane changes, and blow through red lights with flagrant disregard for the safety and welfare of others. This conduct often causes car accidents in Providence / Pawtucket or surrounding cities and towns causing serious personal injury or even death” source
Hiring a Rhode Island car accident Attorney
If you, or a loved one, have been involved in an automobile accident / crash in Rhode Island (RI) with an uninsured motorist, managing your claim for compensation can be complex. If the other person is found to be negligent, at fault or responsible, your insurance policy will need to have sufficient coverage. However, due to the high cost of medical expenses your policy limit may exclude you from receiving adequate compensation. Your best option is to hire a RI personal injury lawyer or a Providence personal injury attorney who specializes in uninsured motorist accidents.
Competent automobile accident lawyer
A competent automobile accident lawyer who is also a Rhode Island uninsured motorist claim attorney can build a solid case for compensation to maximize your settlement or take your case to trial or arbitartion. By hiring a reputable RI uninsured motorist law firm, the Providence uninsured motorist car accident attorneys can take steps to successfully resolve your case so you can meet your health obligations, repair your vehicle. The East Providence auto accident attorney will handle every aspect of your claim while you take time to heal. Insurance research
Uninsured / Under-insured Coverage
“Uninsured / Under-insured Coverage is crucial in Rhode Island. Everyone should obtain Uninsured and Under insured Motorist Coverage! A Liability Policy covers third parties injured in an accident if you were at fault. Uninsured/ underinsured Motorist Coverage protects you and other occupants of your vehicle if another person negligently causes personal Injury.” Source
One thing I like to do as a Rhode Island Personal Injury Attorney is keep everyone up to speed on the latest developments in Rhode Island Personal Injury law. Our law in Rhode Island is constantly evolving and if you don’t stay on top of it, you can’t serve your Auto Accident clients properly. So we try to both read these cases and talk to Negligence lawyers and Injured victims about them on this blog.
underinsured motorist claims
A case just came out last week that I think clarifies issues that perplex many of my clients: uninsured / underinsured motorist and the statute of limitations. In this case, the Rhode Island Supreme Court overturned a lower decision and decided to institute a long awaited change – and much welcomed by me and my clients – to the state’s uninsured / underinsured motorist (UM/UIM) policy. Although the American States Insurance Company tried to persuade the court into preserving a holding that would allow it to potentially weasel out of paying customers (even more than usual), the court decided to adopt a public policy that the majority of jurisdictions have already enacted to protect victims.
A RI automobile crash
Here is what happened: The defendant is a young woman who was injured in an automobile accident on April 25, 2007. At the time of the car crash, she was operating a motor vehicle owned by her employer, who was insured by American State Insurance Company (ASIC).
About a year later, defendant sends ASIC notice of her potential UM/UIM Automobile Accident claim. The Company sends back a quick response and contacts plaintiff four times from 2008-2009 to gather more information. On May 19, 2010, the motorist officially asks for $1 million in a demand letter.
RI statute of limitations
Instead of a formal rejection, ASIC gives the RI motorist a declaratory judgment saying that the claim was void for failing to submit a written request for arbitration in three years. Both sides file motions asking the court to clarify the enforceability of the three year limitation, and the District Court sided with ASIC saying it three year limitation clause did not violate public policy.
The District Court denied the motorists’ motions and entered judgment for the insurance company, reasoning that the limitation does not restrict coverage, but merely places a time window on when the insured can bring legal action gains the insurer.
The Defendant appealed, and the intermediate court engaged the lower court’s decision. Instead of providing a clear answer, the Court of Appeals concluded that though there is a strong precedent of not allowing limiting language on UM/UIM recovery, there is nothing about imposing contractual limitations on UM/UIM claims and whether they should start on the date of the incident. They accordingly certify the question to the Rhode Island Supreme Court.
History of UM/UIM in Rhode Island,
In 1962, the Rhode Island General Assembly introduced legislation mandating that insurance providers allow coverage of Underinsured / Uninsured drivers. They wanted UM/UIM polices because the Generally Assembly believed that responsible motorists should not have to go uncompensated because of hit-and-run truck or Van Accident or uninsured drivers. There is a strong precedent of the courts disallowing insurers’ attempts to restrict the recovery on UIM/UM policies. [You can find a good discussion of UM/UIM issues hereput out by this firm.]
However, this court acknowledges that they do allow some limitations on UM/UIM policies to protect insurers from unwarranted claims. Some limitations that have been upheld involve avoiding double recovery from UM/UIM, geographical limitations, and “for-a-fee” vehicle exclusion.
The Three Year Limitation
ASIC requested that the court follow the precedent found in Barry, which holds that the statute of limitations for UM/UIM can begin to run on the date of the Motorcycle Crash or Motor Vehicle accident. However, the Court rejects ASIC’s interpretation of Barry, and states that the case deals with the accruement of prejudgment interest, not UM.
The court recognizes that the majority of jurisdictions do not allow the countdown of limitations for UM/UIM to begin until after the Injured plaintiff is aware of the breach of insurer’s contract. If not, the time consuming and unpredictable nature of Personal injury lawsuits can result in the insured’s UM/UIM claims can expiring before they even know if they need to invoke the policy. The court stresses that the trigger for a UM/UIM claim against an insurer does not start at the incident, but when the company decides to no honor a contractual policy.
ASIC argues that the limitation must start on the incident date (An Incident would be the actual date of the Bike, SUV or Motorcycle Accident); otherwise potential recoverers can sit on their claims for decades collecting pre-judgment interests. The Court then cites a case from Alaska which argues that the insurers are “fully capable of receiving declaratory judgments to determine coverage at their own convenience.” Nothing is stopping the insurers from making timely evaluations of their accident claims and starting the limitation clock with rejection.
Limitation does not run when notified of the under insured policy
Finally, at oral argument, ASIC argues that the UM/UIM limitations begin to run as soon as the insured receives notice of the tortfeasor’s policy limits and can compare them to his own. ASIC says as soon as the insured knows that his underinsured coverage is greater than the defendant’s policy limits he can call the carrier to begin proceedings.
Again the Supreme Court rejects this argument saying that there are scenarios in which this “point in time” revelation will never come to pass. For example:
“[I]f an insured with UM/UIM policy limits of $100,000 is injured by a tortfeasor with a policy limit of $250,000, the insured‟s UM/UIM policy limits do not exceed the tortfeasor’s policy limits. If it is later determined that the insured suffered $300,000 in damages as a result of the tortfeasor’s negligence, however, the insured would nonetheless have a claim for UIM benefits against his or her insurer. “
Breach of contract
In summary, the Rhode Island (RI) Supreme Court decided that the three year limitation on UM/UIM found in ASIC’s policy was void, and that the defendant’s Injury claim is valid. In the interest of public policy, the limitation on UM/UIM claims begins to run once the insurance company breaches its contract, not on the date of the incident, or when the injured is made known of the tortfeasor’s policy.
Uninsured Motorists study
“This Uninsured Motorists study also estimated total uninsured motorist claim payments. Discounting fatalities and total permanent disability claims, the IRC estimates that $2.6 billion was paid in the U.S. on 2012 uninsured motorists claims. Despite the declining trend in uninsured rates over the last decade, the aforementioned total claim payment amount is up 75 percent over the last 10 years and translated to $14 per insured individual in 2012. “ Insurance research Councel , New Study Reveals a Declining Trend in the Percentage of Uninsured Motorists MALVERN, Pa.— Date: August 5, 2014 Contact: David Corum, CPCU 484-831-9046 corum@TheInstitutes.org Insurance research
Victims involved in a serious car accident in Rhode Island that was not their fault often hope that the other driver has adequate insurance to cover the cost of damages and healing. However, because of lower monthly premiums, many motorists in RI drive with insufficient levels of insurance if they cause an accident with injuries or fatalities.
RI underinsured Motorist Accident lawyer
This is why all automobile insurance carriers in Rhode Island provide under-insured motorist coverage to cover personal (bodily) injuries, property damage or a fatality caused by an irresponsible motorist with insufficient insurance.
Uninsured motorists operating cars, pickup trucks, motorcycles and automobiles are a serious problem in every state. However under-insured motorists can be a larger problem because many drivers choose to carry minimal coverage that varies between states. By law, drivers must maintain a policy to cover some of the costs of injuring victims in an accident / crash. However, the policy has a set limit of liability for the individual person, the entire accident, and the amount of coverage for any property damaged in the incident.
All Policies Have a Liability Limit in Rhode Island
The state of Wisconsin requires motorists to maintain a $50,000 liability limit for every individual injured, with a total of $100,000 for the entire accident and $15,000 for property damage. Alternatively, the state of Ohio requires only $12,500 liability limit for injured victims with a total of $25,000 for the entire accident and $7500 for property damage. Rhode Island requires drivers to maintain $25,000 limited liability to pay for the medical expenses of any individual injured in an automobile accident, $50,000 to cover the entire accident and $25,000 to cover property damage.
Under-insured motorist coverage
Because of the escalating numbers of vehicle accidents across the nation, maintaining uninsured and under-insured motorist coverage on an automobile insurance policy is crucial. In the event that you or a family member suffers injuries or a death caused by an underinsured motorist, your additional policy may pay for injuries including hospitalization and any medical bill resulting from the Providence Rhode Island accident. In addition, the policy should also pay for lost wages, mental anguish, pain and suffering for you and any passenger injured in the motor vehicle collision.
Approximately 15 percent of all motorists do not maintain proper liability insurance. If the driver at fault for the Rhode island car or truck accident does not have the ability to pay your bills out of pocket for any damage, injuries or death not covered by their insurance, you, or your under-insured insurance policy, are left with the bills.
If you have been involved in a RI motor vehcile accident with an uninsured or underinsured motorist, you will likely need to file a claim for compensation against your insurance carrier. However, to receive compensation through your underinsured motorist coverage, your insurance carrier will require that prove that the other driver is responsible for the car, motorcycle, truck or SUV accident. In many incidences, the insurance company will delay payment or deny the automobile collision claim outright, until proof can be shown. As a result, many victims of an underinsured motorist-related auto or motorcycle accident will hire a Rhode island personal injury attorney who handles these specific types of negligence and liability cases.
Some uninsured motorist claims are hit and run accidents in which the hit and run scofflaw flees the sceen of the crash to avoid liability for the collision.
Building a negligence Case in RI
A skilled RI underinsured motorist claim lawyer or a Rhode Island car accident attorney ( Providence liability law firm) that handles underinsured motorist accident cases will collect evidence to build the case for compensation. The evidence might include:
• Police reports, medical bills, the cost of rehabilitation and treatment records
• Verification of all lost income related to the accident
• Every receipt for any bill paid out-of-pocket
• Determining your intangible losses including pain, suffering, anguish and emotional trauma of dealing with the accident and your injuries
A reputable Providence underinsured motorist claim attorney will take steps to negotiate your settlement or take your case to arbitration or perhaps a trial. In the event that your insurance carrier is unwilling to provide you adequate compensation by placing unfair or unrealistic barriers in your way, your uninsured motorist attorneys in Rhode Island might file an additional claim of bad faith by suing them for compensatory and or possibly punitive damages.
If injured in a Rhode Island motor vehicle accident with an underinsured motorist, immediately retain a Rhode Island personal injury attorney.
UM or UIM policy.
“The key to every claim is a thorough investigation of the facts of the case. A claim denied before completing a thorough investigation can be evidence of the tort of bad faith. Uninsured Motorist (UM) and underinsured motorist (UIM) coverages place the insurer in the place of a third party that was uninsured, under insured, or unknown who allegedly caused injury to the insured. If the investigation shows the insured was liable for the accident (rather than the uninsured or underinsured motorist), then the insured cannot recover under a UM or UIM policy.” Property
There is a large number of uninsured and under-insured motorists in the USA. The percentage of these motorists has been steadily declining since 1992 as shown in the table below. This data was collected by the insurance research council. By 2012 the number had declined to 1 in 8 motorists or 12.6%.
Estimated percentages of uninsured motorist 1992 to 2012
The main reason in this decline is the rigorous enforcement of the law. Law enforcers have been implementing the law by conducting regular checks when motorists are pulled over. This has caused the reduction of the number of uninsured motorist who have expired or invalid insurance coverage. Widiss (1967).
Another reason is the raising of awareness of the public by the NHTSA (National Highway Transport Safety Authority). The public has been made aware of road accidents and the extra liabilities incurred by having accidents with uninsured or underinsured road users. There have been awareness campaigns held in high schools which contain the bulk of uninsured motorists. There have also been online campaigns on Twitter, YouTube, and Facebook on various road safety precautions including ensuring insurance is adequate.
The above figures represent average figures across all the states.
The table below shows the percentage of uninsured motorists in all the states in 2012.
Estimated Percentage of Uninsured Motorists by State, 2012 (1)
Missouri 13.5 18
Connecticut 8.0 41 New York 5.3 49
Louisiana 13.9 16 Utah 5.8 48
D.C. 11.9 24 North Dakota 5.9 47
Idaho 6.7 45 Pennsylvania 6.5 46
Alaska 13.2 21 Nebraska 6.7 44
Indiana 14.2 14 South Carolina 7.7 43
Iowa 9.7 32 South Dakota 7.8 42
Michigan 21.0 5 West Virginia 8.4 40
Maine 4.7 50 Vermont 8.5 39
Mississippi 22.9 3 Wyoming 8.7 38
Hawaii 8.9 37 Oregon 9.0 36
Delaware 11.5 27 North Carolina 9.1 35
Arkansa 15.9 11 New Hampshire 9.3 34
Maryland 12.2 22 Virginia 10.1 31
California 14.7 13 New Jersey 10.3 30
Minnesota 10.8 28 Wisconsin 11.7 25
Arizona 10.6 29 Nevada 12.2 23
Kentucky 15.8 12 Texas 13.3 19
Florida (3) 23.8 2 Ohio 13.5 17
Alabama 19.6% 7 Montana 14.1% 15
Massachusetts 3.9 51 Washington 16.1 10
Illinois 13.3 20 Rhode Island 17.0 8
Kansas 9.4 33 Tennessee 20.1 6
Colorado 16.2 9 New Mexico 21.6 4
Georgia 11.7 26 Oklahoma 25.9 1
Oklahoma State has the highest rate at 25.9 while Massachusetts has the lowest rate at 3.9%
1. By Estimated Percentage of Uninsured Motorists, 2012 (1). (2016). Uninsured Motorists. Retrieved October 16, 2016, from http://www.iii.org/fact-statistic/uninsured-motorists