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What Happens If the At-Fault Driver Isn’t Insured in Alaska?

What Happens If the At-Fault Driver Isn’t Insured in Alaska?

In Alaska, drivers must carry insurance meeting statutory minimums. This requires motorists to purchase policies to insure them, at least partially, against claims of wrongful death, personal injury, and property damage. Failure to obtain the proper coverage can result in steep penalties. Nevertheless, some people continue to drive without mandatory insurance. These people can create bigger problems when they are at fault for causing an auto accident.

If you have been hurt in a collision with an uninsured or underinsured motorist, you may wonder what happens if the at-fault driver is not insured in Alaska. Fortunately, Libbey Law has experienced attorneys who can discuss your legal options for recovery despite the at-fault driver’s lack of coverage.

Recovering Under Your Uninsured and Underinsured Motorist Coverage

Alaska Statutes § 28.22.101 provides that every motorist in the state must maintain auto insurance that, at least, provides the following coverage in a single accident:

  • $50,000 for bodily injury to or death of one individual
  • $100,000 for bodily injury to or death of two or more individuals, contingent upon a $50,000 maximum payout per person
  • $25,000 for property damage suffered by others implicated in the accident

Nevertheless, there will always be those motorists who either refuse to buy coverage or cannot get it because of their driving record. Hence, you should not waive the uninsured and underinsured motorists coverage (UUMC) that insurers are legally bound to offer in an insured’s initial policy, as stated in subsection (e) of § 28.22.101. The Alaska Statutes grant you the right to reject UUMC in § 28.22.201, but the protection afforded to you by that coverage in the event of a crash with someone lacking adequate auto insurance is priceless. This is also valuable if you get in an accident and the at-fault driver lack insurance.

To receive payouts pursuant to your UUMC, you simply file a claim with your own insurance company. Your insurer, in essence, steps into the shoes of the at-fault driver, furnishing you with at least the same minimum amounts expected of an individual motorist by § 28.22.101 for bodily injury and property damage. You may, of course, purchase broader coverage by means of private contract law.

Filing a Civil Suit Against the Uninsured or Underinsured At-Fault Driver

You also have the choice of suing the uninsured or underinsured at-fault motorist, though this route is fraught with challenges. For one, because Alaska law allows for the imposition of harsh penalties on drivers lacking proper coverage (in § 28.22.019), they have an incentive to commit hit-and-runs. If you become a victim of a hit-and-run, it could be difficult or impossible to track down the perpetrator.

You are obligated to contact police § 28.35.080 if you are injured or suffer significant damage to your vehicle after a hit-and-run, per § 28.35.080. By reporting the event, law enforcement can use its resources to attempt to locate the fleeing motorist, but there is no guarantee that police will catch the culprit. And, even if an uninsured or underinsured driver voluntarily gives you their information and they appear at the civil proceedings initiated against them, they may not be solvent. Winning a lawsuit means little in the way of actual monetary remedy if the defendant cannot afford to pay you damages.

Now, you can have UUMC and still bring the at-fault driver to court. If you reach a settlement or win a damages judgment against the improperly insured defendant, the maximum payout you can receive under your policy for UUMC is dictated by § 28.20.445(a). The value of this reimbursement cannot surpass “the difference between the amount of the” insured’s “damages for bodily injury and property damage and the amount paid to the” insured by the person who has been or maybe, held liable for the insured’s injuries.

Drivers Should Not Be Able to Avoid Liability by Lacking Adequate Coverage

Maneuvering through the morass of uninsured and underinsured motorist law is not something you need to take on alone. At Libbey Law, our lawyers have experience with cases like these and could assist with yours as well.

It should not be your burden to bear the brunt of motorists who are driving unlawfully. And, unless you recoup your losses, we will not charge you for legal fees. Call us today to discuss further what happens if the at-fault driver is not insured in Alaska after an accident.

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