Injury Lawyers Since 1984

Uninsured or underinsured car accident claims

Apr 4, 2020 | Car Accidents, Initial Consultation

Moussa Sabzehghabaei

Personal Injury Lawyer

Have you been injured when driving a car that was uninsured or underinsured? Have you been convicted of driving without valid car insurance? The law is very clear about the benefits awarded to drivers who are uninsured or underinsured if they sustain injuries. For instance, the injured driver may not be entitled to any income replacement benefits or non-earner benefits. Uninsured drivers may also not be allowed to sue the at-fault party to recover damages for the injuries or property damage sustained.


However, you may still be liable for the mandatory uninsured automobile coverage, which is limited to $200,000. This is set aside to protect uninsured drivers who cannot file a claim under third party liability coverage after being involved in a car accident. In the event that the injured person doesn’t have any insurance available to file a claim, the Motor Vehicle Accident Claims Fund is considered as a last resort. This can cater to the injured’s medical expenses and other forms of damage.

Underinsured drivers

If underinsured, the policy limit that has been put in place may not be enough to provide the victim with the compensation needed to cater for damages incurred. In this case, there’s an optional benefit that can be accessed by underinsured drivers known as the Family Protection Coverage. Some people pay for this as part of the insurance premiums and it offers additional coverage when involved in an accident with an underinsured driver.

The Family Protection Policy, also known as OPCF 44R coverage is ideal when the driver at fault doesn’t have enough coverage to compensate the injured victim. If the injured party has this form of coverage, he/she may file a claim to get compensated for sustained injuries. This coverage only caters for the difference between the at-fault driver’s liability policy limit and the limit of the injured party’s coverage.

The OPC 44R coverage comes in handy when someone is injured in an accident and the at-fault driver’s policy doesn’t have sufficient funds to take care of the victim’s damages. If the accident involves an injured pedestrian, the victim will be able to first access funds through a policy in which they are named insured then through the driver’s insured policy. There’s also a limit on liability insurance for rented cars. For instance, if a rented van is involved in an accident, the liability is limited to $1,000,000, which is shared among all the victims.

Get legal advice

There are specific laws that have been put in place to ensure you and your loved ones are adequately protected when involved in an accident with an uninsured or underinsured driver. Consequently, if you happen to have sustained injuries after an accident and you lack adequate insurance to get fully compensated, reach out to a lawyer who will help you understand your rights.

An experienced auto accident lawyer will advise you on the options to consider in order to recover full and fair compensation. Speak to our car accident lawyers today.