How to obtain compensation in case of an accident with an uninsured or underinsured driver

In a car accident claim, insurance coverage is a vital factor. Some times a driver may have the minimum liability insurance as required under the state law. However the coverage will be insufficient to pay for any damages you may suffer in a particular accident. Because the other driver has some insurance, your uninsured motorist coverage does not apply. But if your insurance policy has an underinsurance coverage, then you can recover damages beyond the insurance coverage of the other driver. You must negotiate with your own insurance company regarding the underinsured coverage after you have settled your claim with the other driver’s insurance company. Up to the extent of your underinsurance policy limits, you can collect this extra amount from your own company. However, any medical payments coverage you have collected from your own insurance company will be deducted from the amount you collect from it in underinsurance coverage.

For collecting underinsured motorist coverage, you should explain to your insurance company that the other driver was underinsured. Obtain from the other driver’s insurance company a letter that includes the policy limits for that person’s liability coverage, and a statement that you have settled your claim with that company for an amount equal to the policy limits. You probably will not even have to make a special request for such a letter. Generally the other driver’s insurance company will provide you with such letter when you have completed the negotiations and have reached a settlement.

The sad truth is that despite the legal requirements for insurance coverage, there are many cars and drivers on the road that do not have any form of insurance coverage. Such persons are referred to as uninsured motorists. Your policy’s uninsured motorist coverage will compensate you for any damage or loss you may suffer in case of any accident with such persons. Check with your policy to determine your eligibility for damages and compensation under your policy’s uninsured motorist coverage. In case your uninsured motorist coverage does not provide cover property damages, you may be eligible to claim them under the collision coverage of your policy. Usually the uninsured motorist coverage of your policy will be limited to injures suffered by:

• you while driving or riding in the vehicle named in your policy, while driving or riding in any vehicle you do not own, or while a pedestrian

• a relative who lives with you and is injured while driving or riding in the vehicle named in your policy

• anyone else riding in or driving your insured vehicle with your permission, or

• anyone riding in a vehicle you are driving but do not own.

Uninsured motorist coverage places limits on when you may collect compensation and on how much you may receive. If you file a claim under your uninsured coverage, an insurance adjuster from your insurance company will handle your claim just as if it were a regular liability claim. Just like a regular insurance claim, you must convince the adjuster about the other driver’s liability, the extent of your own comparative negligence, and the extent of your injuries and other damages. If you have been involved in an accident with an uninsured or underinsured driver, consult with an experienced car accident attorney.