What is an Underinsured Motorist Case?
If the other driver does not have enough insurance to cover your injuries, you may have an underinsured motorist claim.
In all states, there are minimum insurance limits in order to drive a car.
If you are in an accident with a driver who carries the state minimum insurance limits, it means that no matter how serious your injuries, no matter how high your medical bills or lost wages, the most the at fault driver’s insurance company has to pay is $25,000.
Given the cost of medical care, many of our clients incur substantial bills which quickly approach the state minimum limits.
The Importance of Underinsured Motorist Coverage
If the other driver does not have enough insurance to cover your injuries, your insurance will cover the excess. Of course, you must have underinsured motorist limits greater than the person who caused the accident. If you also have the state minimum insurance, you will not have an underinsured motorist case. Your limits must be greater than the at fault driver.
We always advise our clients to have higher insurance limits than are required by law. Usually, your underinsured motorist limits will be the same as your liability limits and your uninsured motorist limits.
The Important Legal Requirements for an Underinsured Motorist Claim
There are many legal and technical requirements to present an underinsured motorist case. If you have a potential underinsured motorist case, it likely means your injuries are more serious than a simple muscle strain or muscle sprain. It is advisable to have an experienced personal injury lawyer handle your case. There are too many pitfalls which can hurt your case.
Won’t my Insurance Company Treat me Fairly in an Uninsured Motorist Case?
Even your insurance company will not offer the full value of your claim to you Lets face it. You have paid your insurance premium, sometimes for decades, and you have never had a claim. You are in an accident which was not your fault, and now you have an uninsured motorist claim.
Many people believe the insurance company will treat them fairly because it is “their” insurance company.
It’s not like making a liability claim against another insurance company, is it? You may be surprised to learn that insurance companies handle uninsured motorist claims the same way they handle liability claims.
The fact that you are one of their insureds makes no difference. The job of an insurance company is make money, not pay claims. An insurance company will try to keep the amount of money they pay on any claim as low as possible.
You still need a lawyer to represent your interests in an uninsured motorist claim. Simply because you are dealing with “your” insurance company in an uninsured motorist claim, does not mean your insurance company will open their checkbook and pay you fair compensation for your injuries.
Insurance companies look for any way whatsoever to keep the amount of money paid on a claim low. This is why you still need a lawyer to protect your interests in an uninsured motorist case, even against your own insurance company.
To protect your legal rights, call David today at 973-566-5747 for a FREE consultation.