Discovering that the at-fault driver carries only minimal insurance can deepen the stress of a difficult recovery. However, with the right steps, you can protect your rights and pursue the compensation you’re entitled to. Here’s how to assert control in the claims process when the at-fault driver’s coverage is inadequate.
1. Document Everything and Notify All Insurance Companies Immediately
Your initial steps after the accident are vital, even when handling an underinsured driver. Ensure that the official police report is acquired and that comprehensive insurance details are collected from all participating drivers. It’s important to act quickly after an accident. This will require you to file a claim with the insurer of the at-fault driver to verify the facts of the case and claim the highest compensation as provided by their policy.
Meanwhile, inform your insurer of the accident and that you plan to make an underinsured motorist (UIM) claim. This prompt and detailed record establishes a solid base for your upcoming UIM claim. It shows the connection between the accident, your injuries, and the other party’s responsibility.
2. Understand and Utilize Your Underinsured Motorist Coverage
This is the most crucial phase in the procedure. Underinsured Motorist coverage is a particular feature in your car insurance policy intended for this situation. It serves as a financial safeguard, bridging the shortage between the at-fault driver’s inadequate policy limits and the total amount of your losses.
Once you receive the highest settlement from the liable party, you will submit a UIM claim to your insurance company. It is essential to understand that you must now build a compelling case for your insurance company, treating them as the opposing party. This is a complex negotiation where a dedicated Monroe car accident attorney becomes invaluable, as they possess the expertise to advocate for your entitled compensation against your provider.
3. Prepare for a Complex Negotiation and Potential Dispute
Most policyholders are caught off guard when their insurance company might hesitate to pay a UIM claim entirely. Insurance companies function as businesses, frequently seeking to minimize payouts whenever possible. Even your healthcare provider might doubt the severity of your injuries or contest the worth of non-economic damages such as pain and suffering.
Effectively managing this requires the same level of detailed evidence as any third-party claim. You will require complete medical records, evidence of lost earnings, and professional assessments of ongoing care requirements. It is also important to show clear evidence of how the accident impacted your life. An experienced lawyer can take you through the process and create a strong case that pressures the insurer to provide a reasonable settlement without going through the litigation process.
Endnote
An underinsured motorist claim requires a strategic approach to settle successfully. A clear account of the accident and a solid grasp of your underinsured motorist coverage are key to supporting your claim. Be prepared for extensive negotiations with your insurer to close the financial gap left by a driver whose policy doesn’t fully cover your losses. Experienced legal representation can be the difference between paying the price of another person’s mistakes and allows you to focus on what is important to you in your recovery.