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Filing your Uninsured Motorist Coverage Claim

When you are in an auto accident with an uninsured or underinsured driver, the driver's car insurance is supposed to notify your insurance company as to the lack of coverage. Don't wait for them to do so; call your car insurance company immediately to let them know about your claim.

When you file an Uninsured Motorist Coverage claim, remember that your car insurance company is acting on behalf of the uninsured driver and will only pay if that driver is determined to be at-fault in the accident. So get an attorney to assure that you are represented fairly and that you get what you paid for from your car insurance company.

"Stacked" Uninsured Motorist Coverage

Stacked Uninsured Motorist Coverage means that, at the time that you purchased your car insurance policy, you selected uninsured motorist coverage for every car covered by your policy. For example, if you chose $25,000 UM coverage, and you have two cars, stacked UM coverage means you have $50,000 of coverage under which to make a claim.

Uninsured Motorist Coverage: Bodily Injury

The Bodily Injury segment of Uninsured Motorist Coverage assures that you will be reimbursed for lost wages, medical expenses, and other damages caused when an uninsured motorist is at-fault in an accident with your insured vehicle. You determine the amount of bodily injury coverage when you open your car insurance policy. In many states, this coverage is mandatory. Check your state requirements and get a car insurance quote online.

How to Deal With Underinsured Motorists

What if the other driver's insurance isn't enough to cover the extensive damage caused to your vehicle? Do you forgo dealing with the other driver's insurance company and turn in a claim to your own insurer? No; of course not. You must turn in a claim to the insurer of the other driver first. If the other driver is found negligent it is the duty of their insurer to pay the damages up to the liability limit. If there are any outstanding costs after this limit is reached then and only then is it acceptable to file and Underinsured Motorist claim with your own insurance company.

Uninsured Motorist Coverage in Your Car Insurance Policy

If your car is hit by an uninsured driver who is at-fault, your car insurance policy's Uninsured Motorist Coverage protects you and your covered passengers and family members. In all U.S. states, you are covered against bodily injury by the uninsured motorist coverage. In many states, you are also covered against property damage incurred.

Multiple Claims and Underinsured Motorist Coverage

Here you are, parking in the lot of a busy shopping center. All of the sudden, a car comes out of nowhere and hits not only your car but causes damage to the two cars on either side of yours. Everyone is okay, only the vehicles are damaged. You find out that the negligent driver is underinsured and that his insurance will only pay out liable damage to $5,000. The damage the driver has caused is well and beyond $5,000 for all three cars. What will happen next? Not to fear, pro-rated settlements to the rescue, offered to you on a silver platter by the negligent driver's insurance company. What if the settlement still falls short? Submit the difference to your own insurance company using your underinsured or uninsured motorist coverage; your rates should suffer very little if at all and you get the piece of mind of getting the full settlement.

State Differences in Uninsured Motorist Car Coverage Requirments

Most states require that motorists be covered by uninsured and underinsured motorist coverage. However, before you accept this type of coverage you need to be away of your state's specific requirements. Each state has different rules about how uninsured and underinsured motorist coverage will work. Some states allow you to add on the full policy limit to another person's insurance. Other states have a rule that requires the subtraction of the other person's limit from your underinsured motorist claim. There are also differences in how uninsured/underinsured motorist claims can be made. In some states, these claims need to be made in court and other states allow the issues to be resolved through arbitration.

What If My Insurance Company Denies My Uninsured Motorist Coverage Claim?

If there is a point in your claim process where you feel that you are not getting the full amount for damages or if your insurance company denies your claim fully you still have recourse. You or your insurance company can call for arbitration. Arbitration consists of 3 arbitrators (one you pay for, one they pay for, and the third you split the costs for) who will then review the claim and decide what action to take. The arbitrators' decision is final. Neither party can influence this decision. It will take at the very least 30 days to come to a decision. Ultimately this will lead to you looking for a new insurer no matter the outcome.

Uninsured Motorist Coverage Claims

If you are in a position where you need to make an uninsured motorist claim or an underinsured motorist claim it is highly recommended that you seek professional legal help. Find an attorney who specializes in dealing with uninsured/underinsured motorist claims. Your insurance company may be seeking ways to reduce or deny your claim, so you need legal support to make sure you get what you are due. Many uninsured/underinsured coverage insurance cases result in a “breach of contract” case, which requires the assistance of an attorney. The attorney can help keep track of the specifics that the insurance company needs and can help file the uninsured motorist coverage claim to your satisfaction.

The Importance of Underinsured and Uninsured Motorist coverage

Since you can only control how well you drive, you can never be truly safe on the road. It is important to protect yourself with uninsured/underinsured motorist coverage. Experts agree that this type of policy is very important. You should look to carry the same limits on your uninsured/underinsured motorist coverage that you do on your liability coverage. One of the major benefits of uninsured/underinsured motorist coverage is that it will compensate you for your pain and suffering, in addition to medical expense and property damage.

Uninsured Motorist Coverage: Property Damage

The Property Damage segment of Uninsured Motorist Coverage assures that damages to your car will be covered if an uninsured motorist is at-fault in an accident with your insured vehicle. You determine the amount of property damage coverage when you open your car insurance policy. Property damage coverage is not available in all states, including New York.

Underinsured Motorist Bodily Injury Coverage

Underinsured motorist bodily injury coverage is related to uninsured motorist coverage. In this case, the underinsured motorist coverage will pay for expenses related to an accident caused by a driver with insufficient coverage. An underinsured motorist policy is part of your auto owners insurance policy. This type of coverage will pay the difference between the coverage limit you select and the other driver's bodily injury coverage limit. It will also cover your medical expenses, lost wages and other damages that you suffer. When you purchase your auto owners insurance policy, you can choose the maximum amount of bodily injury coverage that you will receive.

A Stolen Car And An Uninsured Motorist.

Your car is struck by another vehicle. You come to find out that the vehicle is indeed stolen and the driver (who happens to be the person who stole the car) is uninsured. The insurance company of the vehicle that struck your car refuses your claim on grounds that the car was stolen at the time of the accident, thereby removing their responsibility in this matter. The person who stole the car did so without the consent of the owner of the vehicle, this is true. It is also true that the insurance company does not have to pay on the claim because the coverage does not extend to this circumstance. Are you left holding the bag; definitely not. File an uninsured motorist claim with your own insurance company.

Before Settling With The Other Driver's Insurer…

Make sure that you have the consent of your insurance company before attempting to settle with the other party's insurance company. Why? Your insurer has certain rights in place and needs to be informed of any activity regarding the other insurer. You also want to make sure that you are making the right decision and your agent will be able to guide your through the process of dealing with another insurer. Remember, you are paying for the expertise of you agent, use this knowledge to your advantage and protect yourself.

Bundled Underinsured and Uninsured Motorist Bodily Injury Coverage

In some states, underinsured and uninsured motorist bodily injury coverage are a bundled service. This type of dual-coverage may be mandatory in your state. Underinsured/Uninsured motorist bodily injury coverage pays for medical expenses, lost wage and other damages when you are in an accident caused by a driver who doesn't have enough car insurance or who completely lacks auto insurance coverage. One of the other benefits of this dual coverage is that it pays for injuries that are sustained during a hit and run accident. When you obtain an underinsured/uninsured motorist bodily injury policy you determine the limit for coverage.

At-Fault Drivers Who Refuse To Pay

You've established that you are not the negligent driver in the accident. You've exchanged insurance information and have filed your claim. You get a call from the insurance company of the at-fault driver and they tell you something disturbing. The insurance company refuses to pay on your claim. The reason, they tell you that their customer is refusing to cooperate with them. What can you do? Since the driver is in clear violation of their insurance agreement you can treat them as an uninsured motorist and file a UM claim with your own insurance company. Make sure to get the refusal to pay on the claim writing.