Uninsured Motorist Claims

There are often times when an accident occurs that a Plaintiff needs to make a liability claim against his/her own automobile insurance policy. For example, if a phantom motorist causes someone to become involved in an accident and the driver of the vehicle cannot be identified, the claimant may be required to pursue a claim under the uninsured motorist provisions of their own automobile insurance policy. Even if the other driver in an accident can be identified, yet still does not have required liability insurance, a claimant can make a claim under his/her own liability policy. Therefore, we always recommend that our clients increase their own uninsured motorist coverage to higher amounts since there are a lot of uninsured drivers in the community. Your automobile insurance policy limits could not only cover a judgment against you, but that policy could also help you if the driver of another vehicle injured you and is either uninsured or underinsured. When making a claim for uninsured motorist, you still have the right to claim past medical expenses, future medical expenses, past lost wages, future lost wages and pain and suffering and in some cases loss of consortium. The claims which you have for an uninsured motorist claim are the same claims you would have against a negligent driver that was properly insured.

Talk to a qualified auto accident lawyer before you accept any offer from your insurance company. Remember: Insurance companies will ALWAYS offer a lower payout in an effort to save their own money. The insurance companies do not have your best interests in mind - we do. We fight for your legal rights and to receive the highest payout possible. Contact our law firm today for a free case evaluation.

By statutory definition an underinsured motorist claim, for all practical purposes, is much like an uninsured motorist claim. If you have insurance limits higher than the defendant has, you may make a claim under your own insurance policy as well as the defendant's policy. If another driver who is at fault in an accident only has a minimal limits policy of $20,000, yet the claimant has a larger policy that contains uninsured limits of $100,000, the claimant can still attempt to collect the balance of the damage from his/her own policy. The uninsured (underinsured in this case) would normally get a credit for any amounts paid by the other liability policy. Accordingly, in the above example, the claimant would only be able to collect an additional $80,000 from his/her own policy. The claims which you are able to make in an uninsured motorist claim would be the same claims you can make against the negligent driver.

Both a claim for uninsured motorist benefits and underinsured motorist benefits are breach of contract actions rather than actions for negligence. Therefore, there are different procedural requirements involved when a claim is being brought for uninsured or underinsured motorist benefits.