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Personal Injury

Uninsured and Underinsured Motorists

There are those individuals that choose to put other drivers at risk by not insuring or underinsuring their motor vehicle. In these cases, the injured party may be left to cover some or all of the damages that were incurred from the auto accident. There are uninsured and underinsured motorist coverage provisions available on most policies that can protect accident victims in these circumstances. Consulting with an attorney can provide legal advise when involved in an accident with an uninsured or underinsured driver.

Uninsured Motorists

There are circumstances when individuals refuse to obtain the proper auto insurance even though it is required by law. Sometimes you may not even be able to identify the driver that caused the accident if you were the victim of a hit and run.

In these cases, uninsured motorist coverage is used to protect your interests. If available in your state you can choose to include this coverage as a provision to your auto insurance coverage. In this scenario, your insurance company will then be held responsible for your auto accident damages.

It is important to note that when your insurance company is presented with an uninsured motorist claim their interest will now shift to mitigate the claim. In other words, it would be in your best interest to consult with an attorney to guide you through this process so that your interests are protected.

Underinsured Motorists

When coverage is inadequate to cover the damages the at-fault driver is known as an underinsured motorist. Similar to uninsured motorist coverage, you may have the option of  underinsured motorist coverage which allows the victim to file a claim for the amount of damages in excess of the at-fault driver’s insurance coverage.

Collecting Insurance Benefits

The burden of proof will fall upon the victim in order to recover benefits under an uninsured or underinsured motorist policy. In addition, the victim must show that they suffered significant injuries as a result of the auto accident. The victim will need secure maximum damages from the at-fault driver’s insurance in order to collect benefits from an underinsured motorist policy.

Stacking Insurance Coverage

Stackable coverage is typically not allowed in every state. In those states that allow stackable coverage, appropriate monetary recovery for damages can be achieved by “stacking” various policies. Often times the insured must choose to have stackable coverage prior to purchasing the policy.

Consult with an Attorney

The benefit of uninsured and underinsured motorist coverage is to protect the full interest of an accident victim. Although not available in all insurance policies the result can affect the victim’s coverage and ultimately the level of compensation they are to be awarded. There are rules in place that can exclude full payment to the injured party if they settle with at-fault insurance company early in the process. That is why it is imperative that you consult the auto accident experts at the Law Offices of George Gallegos to guide you through this process. Call today for a free consultation.