Tom McCutcheon – Attorney at Law
Q: I was in an automobile accident and the other driver left the scene of the accident. The police found the car but the person it was registered to said it must have been stolen. I have broken bones in my foot and my car is not drivable. All I have is liability insurance. What can I do?
Terrance
Florence, AL
A: Some people make the decision to carry liability insurance only. That insurance is required by law to obtain a tag and registration for an automobile. Liability insurance only protects another drive for injuries and property damage and then only when you are at fault. Liability coverage accomplishes the goal of protecting the other party to some degree but does nothing to pay your medical bills, lost wages, pain and suffering or repair your car.
All too often we see people declining uninsured motorist coverage usually designated by the insurance company as “UM coverage”. This coverage is mandated to be offered as a matter of law and must be declined in writing. Occasionally we find a person who may not have bought UM coverage but didn’t decline it in writing and we can make the insurance company provide the coverage. Usually insurance companies are pretty good about having the person sign a waiver of UM and in those cases there is no coverage when an uninsured motorist causes you to be injured.
Uninsured motorist coverage is some of the least expensive and best coverage anyone can have. Always uninsured motorist coverage as part of your automobile insurance.
In your case, we would want to see a signed document where you declined uninsured motorist coverage but the practical reality of your case is that if the car was stolen, people who steal cars don’t have the money to pay to repair yours. If the owner of the car was the driver and fled the scene due to alcohol or drugs, you would want to see the police report where the car was reported stolen and an insurance claim on the theft if the car was insured.
In this case, after the police report is reviewed and your automobile insurance coverage is checked to make sure that you absolutely declined uninsured motorist coverage in writing, there is really nothing else to be done. Don’t let your car sit at the tow yard and accrue daily charges. If it is totaled, sell it for scrap and move on. Certainly, there are situations where choosing liability coverage only is necessitated by economics but it certainly, as you now know, can be a costly decision.
I wish you the best of luck.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-764-1124
