Insurance Claims for Underinsured or Uninsured Driver Accidents
Underinsured and Uninsured Driver Accidents
Uninsured Driver Coverage
It has to be everyone’s worst nightmare – the uninsured motorist. Someone just slammed into the side of your car or truck and when it comes time to get their information, you find out that they have no information to give. What is the next step when you are hit by an uninsured motorist and the accident is their fault? You would use your uninsured motorist coverage in this situation. If you use your uninsured driver coverage, you would generally not try to sue the uninsured driver. Remember, drivers who have no car insurance generally don’t have any money either. Instead, you would have to make a claim against your own insurance company up to the limit of your uninsured driver coverage defined in your policy.
Underinsured Driver Coverage
Underinsured driver coverage takes over in the event that you are hit by a driver who carries insufficient car insurance. Insufficient car insurance means that the driver involved does have insurance, but they simply do not have enough coverage to fully cover your claim. If the accident is found to be the other driver’s fault, and he/she is underinsured, then your underinsured motorist coverage would kick in. In these cases, you would make an underinsured motorists claim after you have exhausted the limits of the liability insurance of the at-fault driver.
For example: Perhaps your case is worth $100,000, but the negligent party involved only has $50,000 in coverage. In this case, you could make an underinsured driver claim against your own insurer as long as you have more than $50,000 in underinsured driver coverage. If you have $100,00 in underinsured driver coverage, you would settle with the negligent driver for $50,000 and would settle with your insurer for an additional $50,000. You may not take the negligent driver’s $50,000 policy and the full $100,000 from your policy. You can only take from your own policy the amount that exceeds the negligent driver’s coverage.
Something to remember about uninsured and underinsured driver coverage is that your coverage may not exceed the amount of your primary coverage. For example: If you have $50,000 in coverage for your own negligence, then you can only carry up to $50,000 in uninsured and underinsured coverage. Uninsured and underinsured coverage is cheap when compared to regular liability coverage, so insurance companies do not want their customers purchasing the minimum liability coverage and then loading up on the cheaper uninsured and underinsured coverage.
How Does an Uninsured or Underinsured Driver Claim Work?
You should contact your insurance provider immediately if you have the feeling that you have been in an accident with an uninsured driver, thereby letting your insurance company know that you intend to file an uninsured or uninsured motorists claim.
Generally speaking, an underinsured driver claim will take longer to develop. You usually are not going to know right away the full extent of your underinsured driver claim until your medical treatment progresses and you and your lawyer get a better understanding of the value of your car accident case. Once you or your lawyer believe that your case is worth more than the defendant’s liability coverage, you must inform your insurance company immediately that you intend to make an underinsured driver claim.
If you’ve been hurt, the last thing you should have to worry about is your medical bills and finances. You need to focus on making a full recovery. We are here to answer all of your questions and provide assurance in times of uncertainty. If you have a case or have questions about your legal rights, then please contact us at any time for a free consultation. Click HERE to contact IWasInAWreck.com today.