Not all motorists have comprehensive insurance for their vehicles. This means that if you are injured in an accident caused by an underinsured motorist, things can get complicated when claiming compensation for your accident. If you are involved in such situations, there are several steps you should take to claim fair compensation.
Suing an Underinsured Motorist
If an underinsured driver hurts you in an accident, you can sue them. Immediately, you should contact an experienced legal advisor to help you understand your rights in such situations. Some of the approaches they will take to help you include:
- Collecting evidence
- Interviewing witnesses
- Reviewing the accident scene
These processes are essential in collecting relevant information to help you build your case. Your lawyer’s primary role in this process is to help you prove that the underinsured driver was at fault.
Your legal advisor will also help you gather relevant records to build your case. These include medical expenses and property damages that resulted from the accident. The statements will help you request reimbursement for your incurred costs.
Besides compensation for the expenses, your lawyer can also push for compensation for pain and suffering. Your attorney is also responsible for serving the at-fault driver with the demands. If they disagree with them, the legal representative can also negotiate on your behalf based on your instructions.
Seeking Uninsured Motorist Coverage
If the motorist who hurt you is underinsured, you could opt for uninsured motorist coverage. This option is an add-on protection and can be found in some states. It is also crucial to understand the limitations of the coverage. One of these requirements is that uninsured motorist coverage must not exceed your standard liability coverage. If the total liability per accident is $50,000, you cannot claim more than this amount in the uninsured motorist claim.
How UIM Coverage Works
Having UIM coverage means that your car insurance company pays you because the at-fault driver does not have enough coverage to cover your damages. This means the company pays for the same damages the other party’s insurance would have paid if they were adequately insured.
In most cases where clients seek UIM, a common challenge they experience is that insurance companies seek to either limit the claim or avoid compensating for the injuries and losses. Hiring an experienced attorney can help you navigate the requirements of this process to ensure your rights are safeguarded.
Suing in a No-Fault State
Some states are considered no-fault states when it comes to car insurance purposes. This means that you cannot sue other drivers for car accident damages in such places. In essence, such states do not care who caused the accident. However, the exception in such situations would be that the property damage and injuries were severe and beyond the thresholds set by the state.
Because of the limited legal recourse accident victims have against at-fault parties in a no-fault state, the only option is to make a claim from a no-fault insurance policy, also known as personal injury protection or PIP coverage. Under this type of insurance coverage, the company can reimburse for
- Financial losses were incurred while recovering from the accident.
- Funeral expenses incurred because someone died in the accident.
- Medical expenses incurred because of the crash.
There are exceptional circumstances whereby you could sue an underinsured driver in a no-fault state. This rule is applicable in instances where you sustain severe bodily injuries that suit the descriptions that follow:
- Permanent disability
- Disfigurement
- Loss of consortium
- Fracturing a weight-bearing bone
Some states allow the victim to sue for financial losses if the medical costs and property damage are substantial. They can prove this requirement by disclosing the challenges they experienced in making the payments. Because not all states provide exceptions for these requirements, an experienced lawyer in this area can help advise you on the compensation available and how to approach the situation for recovery.
