Making an Underinsured or Uninsured Insurance Claim
A Car Accident Lawyer Can Help
If you experienced a car accident and this accident occurred because of other driver’s negligent actions, then you may pursue compensation through an insurance claim. If the at-fault driver does not have adequate insurance coverage for your damages, this insurance claim can be made under the uninsured or underinsured motorist (UM/UIM) provision of your own policy. Consult with a car accident lawyer for advice.
Underinsured and uninsured policy claims are used either when the driver, who is at fault for causing the accident, has either no insurance policy, or when his insurance policy cannot cover all of your losses.
1. Underinsured Motorist Coverage
Underinsured motorist coverage is used when you are in a car accident and the other driver is responsible for causing the accident, but the other driver who caused the accident does not have enough liability insurance to pay for all the resulting damages.
Your medical bills and property damage expenses are paid under the underinsured motorist coverage claim. Underinsured motorist coverage is designed in a way that its purpose is to fill the gap between what the insurance policy of the driver at fault offers and what your actual expenses are for damages caused by the accident.
In case you suffer a car accident, consult with a trusted car accident lawyer. If the driver who is at fault has liability insurance policy limit of $15,000, but you suffered damages worth $25,000, then you should file an underinsured motorist claim under your policy to make up the gap.
It will take some time to find out how much your claim is worth and where your claim fits under the policy. It will also take time to determine the full extent of your damages, especially medical bills and lost wages.
2. Uninsured Motorist Coverage
Uninsured motorist coverage comes into play when the at-fault driver does not have any insurance. Uninsured motorist coverage insurance policy is designed to cover your medical bills and property damage expenses in case you are dealing with a driver who is at fault but does not have an insurance policy to provide you with compensation.
In this case, you may directly sue the driver for compensation. It may be possible that the driver has enough personal wealth and assets to pay compensation for your losses, but this isn’t likely to happen. After all, most people do not have liability insurance coverage because they simply can’t afford it.
There is no way for you to make the at-fault driver pay for his mistake if he has no assets. In this scenario, contact a car accident lawyer and discuss your case with him and make a claim under the uninsured motorist provision of your own auto policy. It is possible that you will be informed that the other party does not have any insurance. Make your claim as soon as you are informed.
3. How to File Uninsured /Underinsured Insurance Coverage Claim
Give notice to your insurance carrier as soon as you find yourself involved in a case where you have to make a claim for uninsured or underinsured motorist coverage. You have limited time to file your claim, so don’t delay.
There are also limits on the amount of coverage. Usually, insurance carriers do not allow you to get uninsured or underinsured coverage that has a higher limit than your liability coverage. Be prepared for an investigation to be carried out by your insurance company to determine the cost of your losses.
Make sure that your insurance company is investigating your damages while maintaining good faith. If the insurance company doesn’t play fair, a car accident lawyer can fight to protect your rights.
Last Updated: 03-24-2017