Sometimes you may have to file
a lawsuit against the uninsured motorist and obtain a decree against the uninsured motorist before making a claim with the insurance company.
Filing
a lawsuit against an uninsured motorist is possible, but not practical.
Not exact matches
In some states, you may have to file a
lawsuit but you need not obtain a decree
against the
uninsured motorist.
Some states, such as Virginia, require that the victim actually obtain a judgment
against the
uninsured motorist (while serving the
uninsured motorist carrier in the
lawsuit so that the carrier can defend the suit) and then demand payment from the
uninsured motorist carrier prior to suing the carrier for any breach of an
uninsured motorist provision.