INSURANCE
What to Do When the At-Fault Party is Uninsured or Underinsured

Car accidents can be stressful, but the situation becomes even more complicated when the at-fault driver lacks sufficient insurance coverage. When an accident involves an uninsured or underinsured driver, victims often face uncertainty about how to recover damages for medical expenses, lost wages, and property damage. However, options exist for pursuing compensation, and understanding the steps to take can make a significant difference in the outcome of a claim.
This article explores the legal avenues available to victims of uninsured and underinsured motorist accidents, the role of personal injury protection, and strategies for securing fair compensation.
The Problem with Uninsured and Underinsured Drivers
Despite legal requirements for auto insurance, a significant percentage of drivers operate vehicles without adequate coverage.
- Uninsured drivers have no auto insurance coverage at all, meaning there is no policy to cover damages they cause in an accident.
- Underinsured drivers carry insurance, but their policy limits are too low to fully cover the costs of injuries and damages in a serious accident.
Victims of these accidents must explore alternative options to recover compensation, as the at-fault driver’s financial resources may not be sufficient to cover the damages.
Immediate Steps to Take After an Accident with an Uninsured Driver
If you are involved in a crash with a driver who lacks insurance, taking the right actions can protect your ability to seek compensation:
1. Call Law Enforcement
- Reporting the accident ensures there is an official record of what happened.
- A police report is valuable evidence, particularly if the at-fault driver is uninsured or flees the scene.
2. Gather Evidence at the Scene
- Take photographs of the accident scene, vehicle damage, and any visible injuries.
- Collect witness statements and contact information, as their accounts may be crucial in proving liability.
3. Notify Your Insurance Company
- Many auto insurance policies include uninsured and underinsured motorist (UM/UIM) coverage.
- Promptly reporting the accident to your insurer ensures compliance with policy requirements.
4. Seek Medical Attention
- Some injuries may not be immediately noticeable, so undergoing a medical evaluation is crucial.
- Medical records will serve as evidence if you pursue a claim.
How Uninsured Motorist (UM) Coverage Works
Uninsured motorist (UM) coverage is designed to protect drivers when they are involved in an accident with a driver who lacks insurance. This coverage can help cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle repairs
Most states do not require UM coverage, but having it can be invaluable when dealing with uninsured drivers. Policyholders should review their insurance terms to understand their level of protection.
How Underinsured Motorist (UIM) Coverage Works
Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are insufficient to cover all damages. In this case, the victim’s UIM coverage helps bridge the gap between the at-fault driver’s policy limit and the total expenses incurred.
For example:
- If the total damages amount to $100,000 and the at-fault driver’s policy only covers $50,000, UIM coverage can help compensate for the remaining $50,000.
- The availability of UIM coverage depends on the victim’s own policy terms and limits.
Other Potential Sources of Compensation
If the victim lacks UM/UIM coverage or needs additional financial assistance, other avenues may be explored:
1. Personal Injury Protection (PIP) or Medical Payments (MedPay) Coverage
- PIP or MedPay can help cover immediate medical expenses, regardless of fault.
- Some states require PIP coverage as part of no-fault insurance laws.
2. Filing a Lawsuit Against the At-Fault Driver
- If the uninsured or underinsured driver has personal assets, a lawsuit may be an option.
- However, many uninsured drivers lack sufficient financial resources to pay for damages, making this approach challenging.
3. Third-Party Liability Claims
- If another party contributed to the accident (e.g., a negligent road contractor, vehicle manufacturer, or employer), additional claims may be filed.
- Holding multiple parties accountable increases the chances of recovering fair compensation.
Challenges of Filing an Uninsured or Underinsured Motorist Claim
While UM and UIM coverage provide valuable protection, challenges can arise when filing a claim:
1. Insurance Company Disputes
- Some insurers attempt to minimize payouts by questioning the severity of injuries or the necessity of medical treatment.
- Disputes may also arise over whether the UM/UIM policy applies to a particular accident.
2. Complex Claim Procedures
- Insurance policies often contain strict deadlines and requirements for filing claims.
- Missing deadlines or failing to provide proper documentation can result in denied claims.
3. Low Settlement Offers
- Insurers may offer settlements that do not fully cover the victim’s damages.
- Victims should carefully review any settlement offers and negotiate for fair compensation.
How Legal Representation Can Help
Navigating uninsured and underinsured motorist claims requires knowledge of insurance laws and claim negotiation tactics. Legal assistance can be crucial in securing a fair settlement.
An attorney can assist with:
- Evaluating the terms of the insurance policy to determine the best course of action.
- Negotiating with insurers to maximize compensation under UM/UIM coverage.
- Filing a lawsuit against at-fault parties if insurance compensation is insufficient.
- Gathering necessary medical and accident documentation to support the claim.
At Page Law, we advocate for victims facing complex uninsured and underinsured motorist claims. Our legal team helps clients explore all available compensation options and ensures their rights are protected throughout the process.
Steps to Take to Protect Yourself from Uninsured Drivers
Since uninsured drivers are a persistent issue, proactive measures can reduce financial risks in case of an accident:
1. Review Your Insurance Policy
- Check if you have UM/UIM coverage and consider increasing your policy limits if needed.
2. Install a Dash Cam
- Video evidence can be invaluable in proving fault and expediting insurance claims.
3. Be Cautious of Settlement Offers
- Insurers may pressure victims to accept low settlements; consulting an attorney ensures fair compensation.
4. Know Your State’s Laws on UM/UIM Coverage
- Some states require uninsured motorist coverage, while others make it optional.
- Understanding local regulations can help in making informed insurance decisions.
Conclusion
Accidents involving uninsured or underinsured drivers present unique challenges for victims seeking compensation. However, with the right approach, financial recovery is possible through UM/UIM coverage, personal injury claims, or alternative legal avenues.
Understanding insurance policies, knowing what steps to take after an accident, and working with a legal professional can make a significant difference in the outcome of a claim. At Page Law, we assist victims in navigating the complexities of uninsured motorist cases, ensuring they receive the compensation they need to recover and move forward.
INSURANCE
The Parties That Can Be Held Liable for a Rideshare Accident

Introduction
Ridesharing services like Uber and Lyft have revolutionized transportation, especially in cities like Richmond, providing affordability and convenience. However, because of individual negligence, these vehicles are frequently involved in accidents in Richmond.
Anyone involved in such an incident must understand who can be held accountable. If you’ve been injured, consulting a rideshare accident lawyer in Richmond can help clarify your legal options and identify the at-fault parties.
The Rideshare Driver
The most obvious liable party in a rideshare accident is often the driver. If negligence, such as speeding, distracted driving, or violating traffic laws, caused the crash, the driver may bear responsibility. However, rideshare drivers are considered independent contractors, which complicates liability.
While they carry personal insurance, rideshare companies also provide coverage when the app is active. A rideshare accident lawyer can determine whether the driver’s actions meet the threshold for liability.
The Rideshare Company
Uber and Lyft may also face liability under certain circumstances. While they argue that drivers are independent contractors, they can still be held accountable for negligent hiring, inadequate background checks, or failing to fire unsafe drivers.
Moreover, their insurance policies typically cover accidents occurring during an active ride (from pickup to drop-off). Proving company liability requires a thorough investigation, making legal guidance essential.
Other Motorists
Third-party drivers can also be at fault. If another motorist’s reckless behavior caused the accident, they may be liable. For example, a drunk driver who collides with a rideshare vehicle would bear responsibility for the crash.
In such cases, victims can pursue claims against the at-fault driver while exploring rideshare insurance coverage.
Vehicle Manufacturers or Maintenance Providers
Faulty auto parts or inadequate maintenance can contribute to accidents. If a mechanical issue, such as malfunctioning brakes or tire blowouts, caused the collision, the manufacturer or service shop may be held accountable.
Claims for product responsibility require demonstrating that the flaw existed and was the direct cause of the accident; this frequently calls for expert testimony.
Government Entities
Poor road conditions, missing signage, or malfunctioning traffic lights can also contribute to accidents. If government negligence contributed to the accident, filing a claim against a municipal entity may be possible. These time-sensitive cases involve strict procedural rules, underscoring the need for prompt legal action.
Determining Shared Fault
Due to comparative negligence, several participants share responsibility in many rideshare incidents. For instance, a ride-sharing service driver may be held 30% accountable for speeding, whereas another driver may be held 70% responsible for running a stop sign.
State laws differ in how compensation is affected by shared fault; in many jurisdictions, recovery is prohibited if the victim bears more than 50% of the blame. A knowledgeable lawyer can help you if you need assistance with any of these situations.
Final Thoughts
Determining liability in a rideshare accident requires examining numerous factors, from individual driver negligence to corporate policies, third-party actions, and road conditions.
Each case presents unique challenges in identifying responsible parties and applicable insurance coverage.
Professional legal guidance ensures victims understand their rights and pursue appropriate compensation.
INSURANCE
Top Mistakes to Avoid When Filing a Wildfire Insurance Claim

Introduction
Wildfires can turn lives upside down in a matter of hours. We face loss, stress, and tough decisions when the flames die. It’s easy to feel overwhelmed. While recovery takes priority, how the insurance claim is handled can shape financial stability for years. Mistakes made early can cost us coverage, money, or both.
This article breaks down the top missteps to avoid. If you’re searching for an attorney for a wildfire insurance claim, it’s likely because these claims can become complex quickly. Many law firms help policyholders understand their rights, deal with insurance pushback, and work toward fair outcomes.
1. Failing to Document Damage Thoroughly
Don’t start cleaning up until you’ve recorded everything. Take clear photos and videos of all damage—wide shots of entire rooms and close-ups of destroyed items. This visual proof makes it harder for insurers to undervalue your losses.
Create a detailed inventory of damaged belongings. When possible, include brand names, models, and purchase dates. Otherwise, your memory won’t be reliable weeks later when filing paperwork.
Without solid documentation, you might only get pennies on the dollar for what you’ve lost. If you can’t prove their original quality, burned furniture or appliances could be severely undervalued.
2. Delaying the Claims Process
Time is not on your side after a wildfire. Most policies require prompt reporting—some within 30 days. Waiting too long risks missing critical deadlines.
Delays also make it harder to collect evidence. As debris gets cleared or repairs begin, your ability to prove the full extent of damage disappears. The sooner you file, the stronger your case.
Insurers move faster when claims are fresh. Putting it off could mean waiting months longer for your payout when you need it most.
3. Underestimating the Full Scope of Damage
What you see isn’t always all you get. Smoke damage lingers in walls, electrical systems may be compromised, and foundations might need inspection. If missed, these hidden issues can cost thousands.
Get professional assessments from contractors and specialists. They’ll spot problems the untrained eye would miss, like toxic ash residue or weakened support beams.
Settling too soon for visible damage alone leaves you paying for hidden repairs later. A complete inspection protects you from future surprises.
4. Not Understanding Policy Details
Many homeowners are shocked to learn what their policy doesn’t cover. Landscaping, fences, and code-upgrade requirements often fall into coverage gaps.
Know the difference between “replacement cost” (what it takes to buy new) and “actual cash value” (depreciated value). That 10-year-old roof won’t be fully covered under ACV. Review your policy line by line before disaster strikes. Being underinsured means paying out of pocket for what you assumed was covered.
5. Accepting the First Settlement Offer Too Quickly
Initial offers are often lowballs. Insurers know stressed homeowners may take quick money just to move forward. Don’t let desperation cost you. Push back with your documentation. Show comparable repair estimates and demand fair valuation for lost items. Public adjusters can negotiate for you if it gets complicated.
Once you accept a settlement, you can’t ask for more, even if you later discover additional damage. Take time to get it right.
6. Overlooking Additional Living Expenses (ALE) Coverage
If your home is uninhabitable, ALE covers hotels, meals, and other costs while you rebuild. But many forget to claim these benefits.
Save every receipt—from takeout to laundry services. Most policies have daily or total limits, so track expenses carefully. ALE coverage isn’t forever. Policies typically limit payouts to 12-24 months. Don’t miss this crucial support when you need it most.
INSURANCE
How a Car Accident Lawyer Can Help You Maximize Your Settlement

Introduction
A car accident can turn your life upside down in a matter of seconds. Between medical bills, vehicle repairs, lost income, and the emotional toll of recovery, the aftermath of a crash is often more overwhelming than the accident itself. And while insurance companies may seem cooperative at first, they’re rarely on your side when it comes to compensating you fairly.
That’s where hiring an experienced car accident lawyer can make all the difference.
At May Herr & Grosh, we understand the tactics insurers use to minimize payouts—and we know how to fight back. If you’ve been injured in a crash due to someone else’s negligence, here’s how a car accident lawyer can help you maximize your settlement and secure the compensation you truly deserve.
1. Properly Valuing Your Claim
One of the biggest mistakes accident victims make is underestimating the true value of their case. Insurance adjusters often encourage quick settlements—before you fully understand the extent of your injuries or long-term costs.
A skilled car accident lawyer will:
- Evaluate both current and future medical expenses
- Account for lost wages and diminished earning capacity
- Factor in pain and suffering, emotional distress, and loss of enjoyment of life
- Consider property damage and out-of-pocket expenses
By taking a comprehensive approach to valuation, we help ensure you don’t leave money on the table.
2. Collecting and Preserving Evidence
The strength of your case depends heavily on the quality of the evidence. A lawyer knows exactly what to collect and how to preserve it.
This may include:
- Police reports and accident reconstructions
- Medical records and expert testimony
- Surveillance footage or dashcam video
- Witness statements
- Cell phone records or data that may prove distracted driving
We gather every piece of supporting documentation needed to build a compelling claim and prove fault.
3. Navigating Insurance Tactics
Insurance companies are businesses—motivated by profit, not fairness. They may:
- Downplay your injuries
- Shift blame onto you
- Offer lowball settlements
- Delay the claims process in hopes you’ll give up
An experienced car accident lawyer knows these tactics and won’t fall for them. At May Herr & Grosh, we handle all communication with insurers so you don’t have to—and we push back against bad faith behavior.
4. Negotiating the Best Possible Settlement
Negotiation is both an art and a science. A seasoned attorney understands how to:
- Back up claims with solid evidence
- Highlight the long-term impact of your injuries
- Apply legal pressure when necessary
Often, just having a lawyer on your side increases the value of your claim, because insurers know they’re less likely to get away with low offers.
5. Going to Court When Necessary
While many car accident claims settle out of court, sometimes litigation is the best or only option. A car accident lawyer prepares your case as if it will go to trial from day one—giving you leverage in negotiations and ensuring you’re ready if court becomes necessary.
We’re not afraid to take your case to a jury if that’s what it takes to win you the compensation you deserve.
6. Providing Peace of Mind
Beyond dollars and cents, hiring a lawyer provides something just as valuable: peace of mind. When you’re recovering from an injury, the last thing you need is the stress of battling an insurance company. Let us handle the legal side—so you can focus on healing.
Don’t Settle for Less Than You Deserve
A car accident can change your life. Your financial future, your physical health, and your emotional well-being all hang in the balance. Don’t risk handling it alone.
At May Herr & Grosh, our experienced car accident lawyers are here to fight for the compensation you’re owed—and the justice you deserve. Contact us today for a free consultation, and let us help you take the next step toward recovery.
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