Motor Vehicle Accidents - Call us at (302)658-1717 or (302)736-5500

Uninsured and Underinsured Motorists

When a driver refuses or inadvertantly does not carry proper motor vehicle insurance, that driver puts more than just him- or herself at risk. If that driver injures another person, there will be not insurance to cover the damages. Injured parties, however, may be covered by their own insurance policies; uninsured and underinsured motorist coverage protects accident victims in these cases. If you have been involved in an accident with an uninsured or underinsured driver, it is important to contact an attorney to create a plan of action.

Uninsured Motorists

The State of Delaware requires all vehicle owners to carry automobile insurance, the driver who injured you or your passenger may not have had insurance. Or you may have been hurt in a hit-and-run accident, making it impossible to identify the driver at all.

This is when Delaware uninsured motorist coverage will step in to protect your interests. Delaware requires automobile insurance companies to offer uninsured motorist coverage. If your insurance company offers uninsured motorist coverage, and you chose to include it in your policy, then your insurance company will act as if it were the at-fault driver’s insurance company in compensating you.

When you file an uninsured motorist claim, your insurance company’s interests can be adverse to your interests. Consulting with an attorney before filing a claim is wise.

Underinsured Motorists

When the at-fault driver is underinsured, this means that the driver has purchased an auto insurance policy that does not provide enough coverage for your damages. If you have underinsured motorist coverage, in an amount greater than the person who caused the  collision you may be able to collect, from your own insurance company, the amount of your damages that exceeds the at-fault driver’s insurance coverage.

Collecting Insurance Benefits

To recover benefits under an uninsured or underinsured motorist policy, the victim typically will need to show that the other motorist was at fault. The victim will also need to prove that his or her bodily injuries were caused by the negligence of the uninsured or underinsured driver. To collect damages under an underinsured motorist policy, the victim will need to exhaust the policy limits of the at-fault driver’s insurance company first.

Stacking Insurance Coverage

In Delaware in some instances under some insurance policies, an injured party may “stack” various policies to reach a satisfactory level of compensation. By stacking coverage from more than one auto insurance policy — or coverage for more than one car on a single policy — the injured party increases monetary recovery. Stackable coverage is not allowed in every instance.

Contact an Attorney

Uninsured and underinsured motorist coverage protects accident victims when they are most vulnerable. Not every policy has such coverage, however, and the victim’s approach to the situation can change the level of compensation he or she receives. Indeed, in Delawae you cannot make a claim for underinsured benefits if the victim settles prematurely with the at-fault motorist’s insurance company without exhausting all the coverage available under that policy. This is why it is so important to work with an experienced attorney such as the attorneys at Knepper & Stratton.  Call us at (302)658-1717 in New Castle County or (302)736-5500 in Kent or Sussex Counties.

Four Convenient Locations

The Delaware trial lawyers at Knepper & Stratton represent clients in personal injury lawsuits, employment law suits, traffic ticket defense and DUI defense throughout the State of Delaware, Kent County, Sussex County and New Castle County, including the communities of Wilmington, Newark, Middletown, Dover, Smyrna, Harrington, New Castle, Claymont, Georgetown, Rehoboth Beach, Dewey Beach, Bethany Beach, Fenwick Island, Seaford, Lewes, Camden, Wyoming, Frederica, Houston, Milford, Hockessin, Little Creek, Delaware City, Glasgow, Bear, Townsend, Elsmere, Newport, Fairfax, Talleyville, Greenville, Centerville, St. Georges, Dover AFB, Dover Air Force Base, Pike Creek, Wilton, and Port Penn for incidents occuring on the highways of Delaware including U.S. Rt. 202, I-95, I-495, U.S. Rt. 13, DE Rt. 7, U.S. Rt. 13, DE Rt. 52, U.S. Rt. 301, DE. Rt. 1, U.S. Rt. 113, DE Rt. 9, U.S. Rt. 40, Concord Pike, DE Rt. 2, Pulaski Highway, DE Rt. 72, Old Baltimore Pike, Limestone Road, DuPont Highway, Kennett Pike, Kirkwood Highway, Maryland Avenue, DE Rt. 4, DE Rt. 896, and DE Rt. 71.