When The Other Party Has No Insurance Or The Other Party’s Insurance Is Not Enough
Were you in an accident with an uninsured motorist/under-insured motorist (UM/UIM) and need an attorney? If this happened to you or a loved one, you may feel as if you have no financial options when it comes to covering medical expenses and other damages. The personal injury lawyers at The Law Office of Christopher Jackson will seek out new pathways to coverage you have not even considered and get what you need for recovery.
Most people assume that other drivers have good insurance policies, but this is far from the truth. It’s unfortunate, but the fact is that many people on the road drive with inadequate insurance or none at all. This can cause major issues for accident victims who need coverage for damages.
Under state law, insurance companies are required to make uninsured motorist/underinsured motorist (UM/UIM) coverage available; however, drivers are not required to carry it. UM/UIM coverage provides motorists protection in scenarios where the liable at-fault party does not carry enough insurance policy to pay off all your damages or possesses none at all.
If you have uninsured motorist (UM) coverage, your insurer will provide payment, the amount of which is determined by your specific policy, for injuries caused to:
- You while being the operator or passenger of your own vehicle, while being the operator or passenger of a vehicle that is not your own, or while walking the streets as a pedestrian
- A relative who is injured while being the operator or passenger of a vehicle included in your policy
- Any other person who was permitted to drive or ride in your insured vehicle
- Any passenger in a vehicle you are operating but are not the owner of
The clearest way to illustrate how under-insured motorist (UIM) coverage works is through an example. Let’s say your injury claim is worth a total of $50,000, and the liable at-fault motorist’s insurance only had the mandatory minimum limits of $25,000. You can go after the remaining $25,000 from your own insurer through UIM coverage, if that amount does not exceed your policy’s limits, meaning that you must carry more UIM coverage than the at-fault driver.
How Can I Learn More About UM/UIM Coverage?
At The Law Office of Christopher Jackson, our uninsured motorist accident attorneys can help you find the best route for finding fair and full compensation for your losses. Recovery may not be easy, but it is possible with our help.
There are inherent dangers while on the road, such as potentially negligent or careless drivers who may cause collisions. For this reason, state law requires all drivers to carry automobile insurance that will provide coverage in case they are at fault and cause a collision. This insurance is designed to provide for compensation for injuries incurred or property damage done as the result of negligence, or a mistake on the part of a driver who causes a crash and to benefit the victims of the accident.
Make Sure You And Your Family Are Protected
Our underinsured motorist law firm recommends that you purchase both uninsured and underinsured motorist coverage with your auto insurance policy. Both types of insurance cover the motorist, and usually cover pedestrians and bicyclists who are injured in accidents as well. Since you cannot control the behavior of other drivers, it is always a good idea to make sure you and your family are protected by obtaining uninsured and underinsured coverage in the event of an accident.
If you were in an auto accident and the driver who caused the accident was uninsured, depending on your insurance coverage, our injury attorneys can make an uninsured motorist claim with your insurance company. The claim would be just like a claim brought against a defendant except that your insurance company would be involved. The claim can cover the damages you incur, including any medical bills you receive for treatment, any lost wages you were unable to earn from missing work, the pain and suffering you endured, and whatever other damages exist in your case.
Our uninsured car accident lawyers can make the uninsured claim on your behalf, handling every aspect from obtaining all your medical records and bills through settlement. Though you may be represented by a lawyer, the choice to settle is always your decision to make as you are the one who suffered the injuries in the accident.
More Details About UM/UIM Coverage And Claims
We also represent drivers in underinsured motorist claims. If an at-fault driver has low insurance limits and you have significant damages, there may not be enough money to fully compensate you for your damages. For example, if your state’s minimum insurance coverage is only $25,000 per person/$50,000 per occurrence, this means that regardless of how many people are injured in an accident, the insurance company would be liable for only a maximum of $50,000 worth of damages.
It is very easy for total damages to exceed the minimum insurance coverage, so if a driver has only a small insurance policy, those injured often have an underinsured motorist claim as well. After making a recovery from the defendant’s insurance, a personal injury lawyer can help you bring a claim against your own insurance policy even if your limits are not greater than the at-fault driver. This is often called “stacking.”
Even if you are in an accident with a driver who has low insurance limits, you may still be able to be fully compensated for your losses, even if your auto insurance policy limits are the same as the at-fault driver. Often this helps accident victims pay their medical bills and provide for their families while they are unable to work and recovering from injuries. Also, when policy limits are obtained, state law provides that the PIP lien is extinguished.
Let Us Help Protect Your Rights
Following an accident, it is a good idea to speak with a personal injury lawyer to learn whether you may have an uninsured or underinsured claim in addition to any other forms of financial recovery. Many times, additional compensation is available to accident victims who are unaware of it and who miss out on those payments because they did not receive proper advice.
If you were injured in an automobile accident by an uninsured or under-insured driver in Covington, Kentucky, or Cincinnati, Ohio, call us at 859-261-1111 or 513-861-8000 in Ohio, or inquire online to discuss your accident situation. Even if the other driver fled the scene or had very low — or no — insurance available, you may have one or more claims. We offer a free consultation; and remember, there is no attorney fee unless you win.
FREE PHONE CALL AND CASE EVALUATION for any type of case; it’s always a free phone call.
FREE CONSULTATIONS for people injured in motorcycle crashes, including home, hospital and office visits; evening and weekend appointments are also available.
NO ATTORNEY FEES in motor vehicle accident cases unless we win your case. That means no money is due upfront, and we only get paid when we win (client may be responsible for court costs).