• Apr
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    What To Do If You’re Involved In A Car Accident With An Underinsured Motorist

    Advice from a Car Accident Attorney

    Being injured in a car accident is a nightmare under any circumstances, but if you’ve been hurt as a result of somebody else’s negligence and it turns out that they were uninsured or underinsured, it feels even worse. After you’ve addressed your injuries and made sure that you’re okay, one of the first things your mind jumps to is the costs that you’re going to incur; medical bills, property damage and more can add up quickly, and if the at-fault driver has fled the scene or does not have enough (or any) insurance to cover your damages, you would be perfectly right to worry that you are going to be out-of-pocket for a car accident that was no fault of your own. Fortunately, you can file an uninsured motorist claim.

    An uninsured motorist claim is available to you if your own insurance policy has what is called uninsured motorist coverage. This optional clause specifically protects drivers who are injured in accidents by a person who either disappears or who does not have enough liability insurance.

    When you file a claim against the person who caused the accident in which you were injured, the first thing that will be determined is how much liability insurance they have and whether it will provide the compensation that you need. If the other person’s coverage falls short of the total, or if they have disappeared and you are left without somebody to file a claim against, then you can make a claim against your own insurance policy for the shortfall, up to the amount of your own liability coverage.

    Who the lawsuit gets filed against depends upon a number of different factors, including whose vehicle you were riding in at the time of the accident. If you own your own car and have auto insurance, then your insurance will apply, though coverage may also be provided by another person if you were riding in their vehicle. The circumstances of the accident will determine who is named in a claim, so if you were riding in a taxi or limousine, or in a vehicle owned by a friend, family member or your employer, they may also be named in the lawsuit and their insurance coverage sought to compensate for the damages you suffered.

    Every accident scenario is different but what is most important is that you are healthy and that you are made whole after suffering an injury or loss in a car accident. For legal guidance through this complex situation, contact our office today to discuss your case.


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