Uninsured Motorists

Auto Accident: Injury and Insurance Attorney Provides Information on Making Uninsured Motorist or Underinsured Motorist Claims

You’ve been injured in an auto accident. You’ve got medical bills, lost wages and you are hurt.  A large percentage of drivers in the U.S. don’t have insurance, and one just ran into you. What do you do now?

You probably won’t be making a claim against the person who caused the accident because most people who drive without insurance don’t have enough money to justify the time and expense of making a claim against them (but most states have a criminal penalty for driving without insurance; you may wish to have the uninsured person prosecuted, but that won’t help you obtain financial compensation for your losses).

Uninsured Motorist Claims
If you live in a state that requires uninsured motorist coverage (UM), like Utah,  you will be able to make a claim against your insurance company. Your insurance company pays when the other driver doesn’t have any insurance. UM coverage pays for many (but not all) of the things that the other person’s insurance would have paid if it existed. Check your policy. UM insurance often covers the following:

• Medical bills and wage loss
  
• Pain, suffering and disfigurement
  
• Emotional distress
  
• Loss of future earning capacity.

There are some things that UM coverage may not cover, including:

• The full damage to your car (but you may also have collision coverage that does pay for property damage, less your deductible)
  
• Punitive damages.

UM coverage is not a gift or present from your insurance company. You already paid a premium for it,  so don’t think you’re taking "advantage" of your insurance company because you have to make a uninsured motorist claim. You also don’t have to worry that your premium will go up if you make a uninsured motorist claim; many states prohibit premium increases if the accident wasn’t your fault.

Some insurance contracts allow UM claims to be made in court; others require them to be resolved through arbitration.  Even if the insurance contact is silent on the issue, Utah law allows the insured the choice to resolve the UM claim through arbitration.  

The Complexity of Uninsured Motorist Motorist Claims Requires Representation by an Experienced Auto Accident Attorney
If you decide to make an uninsured motorist claim, we strongly recommend that you find an attorney with experience making these claims. You can be sure that the insurance company has a number of people who are already working on ways to reduce or deny your claim. A good attorney will keep these people in line. Any wrong move, and the insurance company may be faced with a lawsuit in addition to arbitration, which is often required in UM policies. Many uninsured insurance cases involve "breach of contract" and "breach of the implied covenant of good faith and fair dealing," or bad faith.

Statute of Limitations
You also need to be aware of the "statute of limitations." A civil lawsuit for breach of contract or bad faith must be filed within a certain time period after the insurance company makes its final denial of your claim. Once the statue of limitations expires, it may be difficult or impossible for you to protect your rights.

Insurance law is very complex. For all these concerns, we strongly recommend that you find dependable legal representation as soon as possible.

Contact The Lance Firm for Experience that Can be Trusted
Do you have questions after an auto accident like, “Will uninsured or underinsured coverage cover pain and suffering?” Contact The Lance Firm, P.C. We can quickly review your automobile insurance policy and explain your rights and legal remedies after an auto accident.

At The Lance Firm, P.C., we specialize in personal injury claims and insurance disputes. We’ve helped thousands of people with UM and UIM claims and have obtained millions of dollars on their behalf.