Underinsured Motorist Insurance Claim: Important Things to Know:
If you were injured by an underinsured motorist, you have the right to file an underinsured motorist insurance claim. This claim is filed with your insurance company.
An underinsured motorist insurance claim is filed when the party at fault does not have enough insurance to pay your claim in full. There simply is not enough money, or not enough insurance. This is a very common occurrence in the more serious accidents. Many times the person who caused the accident has very limited insurance. Sometimes, he has no insurance at all. In such a case, an underinsured motorist insurance claim is presented with your own insurance policy.
Filing an underinsured motorist insurance claim is done after the policy limits the other driver’s insurance policy are exhausted.
The underinsured motorist insurance claim requires that you prove each element of your claim exactly as you would against the at fault party. This means that with an underinsured motorist insurance claim, your insurance company is your adversary. Your insurance company will have their own attorney to fight your claim. Your insurance company’s attorney will make you prove each and every element of your claim. You must prove, for instance, that the other driver was the fault of the accident. You must prove that you sustained injuries, including the extent of those injuries. Your insurance company’s attorney will do everything in his power to defeat your claim.
Your insurance company may try to settle your claim. They may offer you a settlement. You do not have to accept what your insurance carrier offers you for your underinsured motorist insurance claim. Most of the time, the offer will be a fraction of what you should receive.
If you reject the offer from your insurance company, you have the right to have your underinsured motorist insurance claim arbitrated. This is similar to a trial but with very relaxed rules of evidence. The decision of the arbitrator in most instances will be final. Therefore, it is critically important that your underinsured motorist claim be presented by a professional.
UnderInsured Motorist Insurance Claim: Important Things To Do:
- Compile a list of the names and addresses of all witnesses.
- Call your insurance company on the same day as the accident. Advise them that you will be filing a claim under the underinsured provisions of your policy. Do not give them any more of a statement beyond this, as they may become a potential defendant in the pursuance of your case.
- Seek out medical care right away for any kinds of injuries, even if they seem insignificant at the time. While receiving treatment, make sure you let your doctor know of every area that is affected, regardless of the pain level. Minor injuries can develop into more serious ones down the road.
- Photograph all areas of damage on your vehicle.
- Ascertain the policy limits on your insurance policy and compare that to the policy limits of the other driver’s insurance policy.
- Immediately contact a personal injury attorney.
Navigating the difficulties of filing an underinsured or uninsured motorist claim with your insurance company takes professional skill and care. At the Law Offices of Charles J. Gale, PC, we use both to help you get the total compensation you need to heal and move forward. We’re on your side, which is why we offer a no-obligation, no-fee initial consultation regarding your case. Call us today at (312) 372-0300.