Being involved in a car accident is always stressful, but the situation can become even more complicated if the other driver has no insurance or insufficient coverage. Uninsured and underinsured motorist (UM/UIM) coverage is designed to protect you in such situations, allowing you to seek compensation when the at-fault driver cannot cover your expenses. In this article, we’ll walk you through what to do after an accident with an uninsured or underinsured driver, the role of UM/UIM claims, and how you can maximize your compensation.
Understanding Uninsured and Underinsured Motorist Coverage
Uninsured motorist (UM) coverage comes into play when the at-fault driver doesn’t have insurance, while underinsured motorist (UIM) coverage applies when their policy limits aren’t sufficient to cover your damages. These coverage types are vital, as approximately 12.6% of U.S. drivers are uninsured and many more are underinsured, meaning they carry only the minimum insurance required, which might not be enough for serious accidents.
UM/UIM coverage is optional in many states, but it’s highly recommended. In some states, it is automatically included unless explicitly waived in writing. This coverage protects you by stepping in to cover your damages when the at-fault driver cannot.
Steps to Take After an Accident with an Uninsured or Underinsured Driver
If you’ve been involved in an accident with an uninsured or underinsured driver, here are the steps you need to take to protect yourself and your claim.
1. Check for Injuries and Ensure Safety
Immediately after the accident, check yourself and any passengers for injuries. If you’re hurt, seek medical attention right away. If possible, move to a safe location, away from traffic. Even if you feel fine, it’s crucial to get a medical evaluation, as some injuries—like internal trauma or whiplash—might not show symptoms until later.
2. Contact Law Enforcement
Always call the police after an accident, especially if the other driver doesn’t have insurance. A police report provides an official account of the accident, which can be essential when filing a claim. Make sure you get a copy of the report once it’s filed, as it will be critical evidence for your case.
3. Collect Information and Evidence
Even if the other driver is uninsured, still gather as much information as possible. This includes:
- Driver's information: Full name, contact details, and vehicle information.
- Witnesses: If there are any witnesses, collect their contact information.
- Photos: Take pictures of the accident scene, including damage to both vehicles, any visible injuries, road conditions, and any other relevant evidence.
- Police Report: As mentioned earlier, this report is crucial for your case.
These steps will help build your case when filing a UM/UIM claim with your insurance provider. It’s also vital to have all the details in case you need to file a personal injury lawsuit later.
4. Contact an Attorney Before Speaking to the Insurance Company
Before you contact your insurance company, it’s wise to speak to a personal injury attorney first. While you’re technically filing a claim with your own insurance provider under your UM/UIM coverage, it’s important to remember that insurance companies are often reluctant to pay out the full amount you deserve. Your attorney can help guide you through the process, ensuring that your claim is handled fairly, and can negotiate on your behalf to secure the best possible settlement.
5. Notify Your Insurance Company
After consulting with your attorney, contact your insurance company to report the accident. You’ll be filing a UM/UIM claim under your own policy, so it’s important to provide all the details, including the police report, photos, medical records, and any other documentation you’ve collected.
6. Understand Your Coverage Limits
When filing a UM/UIM claim, it’s important to understand your policy’s coverage limits. UM/UIM coverage is often divided into bodily injury and property damage components. Be aware of how much coverage you have for each and whether it will be enough to cover your medical expenses, lost wages, and property damage.
How to File an Uninsured or Underinsured Motorist Claim
Filing a UM/UIM claim is similar to filing any other car accident claim, but there are a few extra steps. Here’s a quick breakdown of the process:
1. File Your Claim
Submit the necessary documentation to your insurance provider, including the police report, medical bills, repair estimates, and any witness statements. An adjuster will review your claim and assess the damages.
2. Negotiate a Settlement
After reviewing your claim, your insurance company will either approve or deny it and offer a settlement if approved. It’s not uncommon for initial settlement offers to be lower than expected, which is why having an attorney on your side can make a big difference. Your attorney will help you negotiate for a higher amount to ensure that your medical bills, lost wages, and property damages are fully covered.
3. Dispute Denied Claims
If your insurance company denies your UM/UIM claim, you can dispute the decision. Again, an attorney can assist you in this process and help you understand your rights.
4. Pursue Legal Action
In cases where negotiations fail, you may need to file a lawsuit. An experienced personal injury attorney will be instrumental in helping you navigate this process and represent your interests in court.
Maximizing Your Compensation: Economic and Non-Economic Damages
Medical evidence and thorough documentation are essential for maximizing the compensation you receive. Compensation in UM/UIM claims can include:
- Economic Damages: Medical expenses, rehabilitation costs, lost wages, and property damage.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
- Future Damages: Ongoing medical care or rehabilitation, and potential permanent disability.
It’s important to keep records of all expenses related to the accident, as well as any pain and suffering you’ve experienced, in order to accurately calculate the compensation you deserve.
Why You Need a Personal Injury Attorney
Insurance companies are in the business of making money, and they often aim to settle claims for as little as possible. An experienced personal injury attorney can help ensure that you receive the full amount of compensation you’re entitled to. They can also handle the complexities of dealing with uninsured or underinsured drivers and help you file a claim in a timely and effective manner.
Protect Your Rights with Estrada Law Group
If you’ve been involved in an accident with an uninsured or underinsured motorist, you don’t have to navigate the complexities of a UM/UIM claim alone. At Estrada Law Group, we have the experience and expertise needed to guide you through the process, negotiate with your insurance company, and help you secure the compensation you deserve.
Contact us today for a free consultation
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