Uninsured or Underinsured Motorists
Many drivers ignore motor vehicle insurance
requirements, cannot afford to purchase insurance, or
carry insufficient insurance. Uninsured motorist
coverage is a form of insurance that pays for bodily
injury that results from an accident with a driver who
is legally responsible for the injuries, but has no
liability coverage. Underinsured motorist coverage pays
for bodily injury that results from an accident with a
driver who has liability insurance with limits that are
lower than the injured party's underinsured motorist
coverage limits. If you have been involved in an
accident with an uninsured or underinsured driver, it
is important that you contact an attorney at an
experienced personal injury law firm immediately so
you do not waive valuable legal rights.
Uninsured Motorists
Typically, uninsured motorist coverage protects
injured drivers if the at-fault driver has no
insurance. Uninsured motorist coverage can also apply
when someone is injured in an accident with an
unidentified hit-and-run vehicle. If a person has
uninsured motorist coverage and is in an accident with
an uninsured motorist, he or she can collect from his
or her insurance company to recoup damages. If you are
involved in an accident with an uninsured motorist, you
should consult with an experienced personal injury
attorney before you file a claim with your insurance
company to ensure that you obtain all of the coverage
available to you.
Underinsured Motorists
Underinsured motorist coverage provides compensation
for injured drivers when the at-fault driver does not
have enough insurance coverage to compensate the injured
party in full for his or her injuries. An "underinsured
motorist" is generally a person who is responsible for
the injuries, but who has opted to purchase only the
minimum policy required by law. If a person has
purchased underinsured motorist coverage is in an
accident with an underinsured motorist, he or she may
be able to collect from his or her insurance company to
recoup damages that are greater than the responsible
party's limits.
Collecting benefits
In order to collect underinsured or uninsured
motorist benefits, a party generally must first
establish that the underinsured or uninsured driver was
at fault and that he or she suffered significant
injuries. In the case of underinsured motorist benefits,
the injured party must also collect the at-fault
driver's policy limits before collecting under his or
her own insurance policy. An insurance company is
typically entitled to a credit for any recovery
received from the underinsured motorist's policy.
Stacking Insurance Coverage
Uninsured and underinsured motorist coverage is
"stackable" in some states and under some policies.
Stacking uninsured or underinsured motorist coverage
may permit a person to add together either insurance
coverage from several motor vehicle policies or
insurance coverage for several vehicles listed on one
policy. In some cases, a person may select stackable
coverage at the time he or she purchases the
insurance.
Conclusion
Uninsured and underinsured motorist coverage
protects a person if someone who does not have
adequate insurance injures him or her in an automobile
accident. If you are in an accident with someone who is
uninsured or underinsured, do not settle with the other
driver's insurance company without first contacting an
experienced lawyer. Some underinsured motorist policies
are not required to pay if the insured person has
settled with the other driver's insurance company.
This can be a very costly mistake. Therefore, you
should consult with a personal injury law firm
experienced in dealing with automobile accident cases
before you settle any portion of your claim. An
attorney can provide you with the information and
support you need to obtain the best result available
to you.