Uninsured and Underinsured Motorist Claims

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Protect your business with the right insurance
Protect your business with the right insurance
February 26, 2019
Surviving after a Traumatic Brain Injury
Surviving after a Traumatic Brain Injury
April 15, 2019

An estimated 1 in 7 drivers in the U.S. is currently uninsured, according to the Insurance Research Council.

“Paying for uninsured motorists is a problem for responsible drivers who abide by compulsory insurance laws. The costs are passed along to the public in the form of uninsured motorist’s coverage. Thus, in addition to paying for their own actions, each insured motorist also pays for a portion of the costs for others that choose to disobey the law”

If you get into an accident with one of these drivers and you don’t have the right car insurance coverage, your budget could take a huge hit. Luckily, most car insurance companies offer coverage to help in these instances.

Uninsured motorist (UM) coverage applies if:

  • The other driver was at fault.
  • The other driver is uninsured.
  • You were the victim of a hit-and-run accident.

Underinsured motorist (UIM) coverage applies if the other driver is at fault and underinsured, meaning he or she does not have a level of coverage high enough to cover your costs. In this case, the other driver’s insurance company would pay the bills until its policy limit is reached; your insurance company would then pay the rest of the value of the claim above the insurance coverage for the at fault driver, up to your coverage limit.

UM and UIM coverage are broken down as follows:

  • Uninsured/underinsured motorist bodily injury coverage (UMBI/UIMBI).

Source: DMV.org.

Making a Claim for Compensation

Your insurance company has the responsibility to make a “good faith effort” to reach a proper resolution on your claim. However, the insurance company in NOT required to ensure that all of your losses are fully presented, addressed. In addition it does have an interest in limiting the amount that it pays out.

In cases that involve uninsured or underinsured motorist claims you should consult an experienced Connecticut car accident attorney. Car accident victims can suffer a range of injuries, from broken bones to brain injuries and spinal cord injuries. Whether the injury causes temporary or permanent disability, you may need compensation for medical bills, lost income, and pain and suffering. An experienced attorney will make sure that all your damages are properly presented. If you are injured by an uninsured/underinsured driver or if you do not have health insurance, you will still be able to pursue a claim under applicable law in Connecticut.

In the case that an insurance company fails to fulfill its duties to its client an experienced attorney will be at your side and the insurance company will then face claims of breach of contract or bad faith failure to settle.

By hiring an attorney to represent you, you are showing the insurance company that you are prepared to stand firm to defend of all your legal rights if your claims are not handled properly.

Protecting Your Rights After an Accident

When an accident is caused by a reckless, drunk or distracted driver, you may be able to collect double, treble or punitive damages against that driver and under certain situations his or her insurance company would be liable for double or treble damages, but likely not punitive damages. If you are injured by an uninsured/underinsured driver, who is reckless or drunk, or if you do not have health insurance, you will still be able to pursue an Uninsured or Underinsured Motorist claim under applicable law in Connecticut. However, you can only pursue a negligence claim, not a recklessness claim against your insurance company.

Regardless of the nature of the vehicle accident, it is important that you speak with an attorney about your injuries as soon as possible. You should also seek medical attention immediately after an accident, even if you think your injuries are minor because they may get worse, so you should go to the doctor to make sure that you are okay.  To schedule a free consultation, please call  Tindall Law Firm at 203.755.0018 today.