On a typical sunny Florida day, you might be driving through Tampa, entering an intersection, when a texting driver runs the red light and T-bones you. You may have broken bones, and your head hurts from hitting the roof of the car. Then, as you begin to realize the extent of the crash, you find out the other driver doesn’t have insurance coverage.
Who will pay for your damages?
This scenario happens frequently in the United States. Every licensed driver must have auto insurance, but up to 15 percent of US drivers don’t buy insurance.
This is where an auto accident lawyer may play a vital role in securing compensation for your losses. If you carry uninsured or underinsured motorist (UM/UIM) coverage, a skilled injury attorney may be able to file a claim on your policy. Speak to a car accident attorney to learn if they can help you receive compensation.
What Is UM/UIM Insurance?
Uninsured and underinsured motorist auto accident coverage may pay for your injuries and other damages if another driver hits you and doesn’t have insurance. Or, if they have insurance, but the coverage cannot pay for all of your losses, your policy may provide some financial relief.
UM/UIM isn’t required in every state, and some drivers decline coverage to reduce their premiums. If you opt to carry this coverage, your attorney may recover compensation under your UM/UIM coverage if the other driver doesn’t have enough insurance.
Without UM/UIM coverage, you can be exposed financially if a negligent driver doesn’t have coverage. It also may leave you with few compensation options in a hit-and-run accident.
Even if you bought coverage for an underinsured driver, filing an auto accident claim against your own insurance may be difficult. Your insurance company may question the claim and attempt to pay less than you should receive.
This is where a tenacious personal injury attorney can help you navigate the accident claim process.
When Do You Need UM/UIM Coverage?
Underinsured and uninsured insurance coverage can help you with a:
- Hit-and-run crash: By law, drivers must stop when they cause an accident, but many flee the scene to avoid responsibility. They may also have been drunk or high or know they don’t have insurance. UM/UIM coverage on your policy may cover some or all of your medical bills and lost earnings.
- Crash with an uninsured driver: Although it’s the law, many drivers don’t pay for auto insurance. As insurance prices have risen in recent years, more drivers are on the road without liability coverage.
- Crash with an underinsured driver: Many drivers only pay for minimal insurance, which can cover as little as $15,000 per accident victim and $30,000 per accident. This is often woefully insufficient coverage for a severe injury. Your UM/UIM policy may cover more of your damages.
- Out-of-state crash: If the crash happened in a state with lower insurance requirements, your insurance can cover the difference between the lower policy and your damages.
Making a UM/UIM Claim On Your Policy Shouldn’t Increase Your Premiums
UM and UIM insurance on your policy can help, but will your rates increase if you file a claim?
It shouldn’t raise your rates. Remember, your UM/UIM coverage isn’t a courtesy from your insurance provider. You already pay for it.
Furthermore, many states, including Florida, prohibit insurance premium increases if the accident stems from another person’s fault.
How a UM/UIM Claim May Work
Here’s an example of how an attorney can help file a UM/UIM claim.
Suppose the person who hit you caused $50,000 in damages. They have auto insurance, but it only pays $25,000 in liability coverage for each injured party in the accident. If you have UM/UIM coverage, you can collect $25,000 from the at-fault driver’s policy and request the rest of your damages from your policy.
However, most states don’t allow you to receive more in compensation than you have in damages. So, if you have $50,000 in damages and the at-fault driver’s insurance covers $25,000, your UM/UIM coverage will pay only $25,000 more, even if you have more coverage available.
Why Hire an Auto Accident Attorney for a UM/UIM Claim?
UM/UIM rules vary from state to state. An experienced attorney in your state can explain the UM/UIM laws and how they apply to your case.
Your auto accident lawyer can review your accident and determine if the liable party has insurance and how much. They can also determine the value of your injuries, lost earnings, and pain and suffering. Your lawyer will demand the maximum compensation from the liable driver’s insurance if they have it. They can also demand compensation from your UM/UIM policy if the at-fault party lacks enough insurance to pay your damages.
When you hire an attorney for a UM/UIM claim, they can help maximize your compensation. They will fully evaluate every factor in your damages, such as current and future medical needs, lost income, lost earning capacity for a severe injury, and pain and suffering.
Working with an auto accident lawyer can also significantly reduce stress and concern about a complex claim where the at-fault driver isn’t the vehicle owner. This complicated claim involves multiple moving parts and things that can go awry.
A skilled injury attorney will also file your UM/UIM claim correctly and on time.
How Your Auto Accident Lawyer Helps With a UM/UIM Accident Claim
Now, let’s cover precisely how your attorney will help with a UM/UIM auto accident claim:
First, your auto accident attorney should offer a free consultation where they can ask questions to better understand what happened and who caused the accident. Then, they’ll explain your legal options, including holding the negligent driver and/or vehicle owner liable for your damages.
Second, your attorney will investigate the auto accident to understand how it happened. They’ll collect and review evidence, including police reports, medical documents, eyewitness statements, and any surveillance video available. They also may work with accident reconstruction experts to prove how the crash happened.
Third, they may file a claim against the liable driver, auto owner, or your UM/UIM insurance provider if you have this coverage. This process usually involves preparing a demand letter detailing how the crash happened, your injuries, and your medical treatments.
Your injury lawyer may try to collect all available compensation from the vehicle owner’s policy and then your UM/UIM policy if you have additional damages.
Next, your attorney will negotiate with the insurance company or companies for the most compensation for your losses. If negotiations fail, your attorney may advise filing a personal injury lawsuit against the appropriate defendants.
What if You Don’t Have UM/UIM Insurance?
You can still have legal options if you do not have UM/UIM insurance on your policy. Your insurance company must offer this insurance on your policy, but you can decline it in many states. If they don’t have proof that you dropped this coverage, your attorney may demand that your policy cover your losses.
Your lawyer also will review the vehicle owner’s coverage to determine if their policy should compensate you. Also, other parties may bear some responsibility for your accident. A dedicated lawyer will pursue all potential defendants to ensure you receive the most compensation possible.
How Much UM/UIM Coverage Should You Pay For?
It depends on the case. In Florida, insurance companies usually offer a minimum of $10,000 per person and $20,000 per accident in underinsured coverage. This is called the 10/20 rule. The medical bills for a severe injury will almost always be more than $10,000. Luckily, in Florida, this coverage can pay for pain and suffering.
The more coverage you can pay for, the more protection you have if an uninsured driver hurts you.
Can You Sue the At-Fault Driver?
Yes, it’s possible to sue the liable driver even if they don’t have insurance. However, it isn’t always necessary and may not be the best strategy. You don’t have to sue the driver directly if you can sue the insurance company or file a UM/UIM claim.
It may also not help to sue the liable driver because most people without insurance don’t have many assets or money to pay for your losses. The state’s personal exemptions law may protect their minimal assets.
How Much Is an Auto Accident Claim Worth?
Whether the liable driver has adequate insurance or not, the value of your claim depends on many factors. Some cases result in hundreds of thousands of dollars in compensation. Others are worth much less. An auto accident attorney can review your case for free and provide a rough case value based on their experience.
Factors that will influence your settlement amount are:
- The severity of your injury: Suppose an uninsured driver runs a red light and hits head-on. You break your back and legs, so the injury is severe with high medical bills. The case value is much higher than if you only have bumps and bruises after a fender-bender. Severe injuries have a much longer recovery time, and permanent disability is possible.
- The amount of medical bills: A broken back can result in medical bills in the millions, skyrocketing the case value. Anyone with a severe accident injury and high medical bills should contact a car accident attorney immediately. Some accident victims or their loved ones even call a personal injury attorney from the hospital right after the crash.
- The amount of insurance: If an uninsured or hit-and-run driver injured you, compensation may depend on your UM/UIM coverage. Minimum coverage may only cover about $10,000, which may not pay for a single hospital stay of one or two days. You may have a better chance of covering your full damages if you pay for more coverage.
- Disputes over fault: If disagreements arise about who caused the accident, the case value can decrease. This is more likely if the other party blames you for the accident. Your attorney will carefully review the accident to minimize any blame you might receive for the crash.
- Amount of property damages: Did you total your vehicle? The case value will increase if you cannot fix the car. The value also rises for a more expensive model.
- Lost earnings and lost earning capacity: A more severe injury can mean months of lost earnings. A catastrophic injury can lead to a permanent loss of income, increasing the settlement value.
- Pain and suffering and mental anguish: A severe injury, such as paralysis, involves great pain, suffering, and emotional anguish. This would create a greater case value than when the accident isn’t as painful and extensive.
- Wrongful death: If a loved one died in the accident, the case value can escalate, especially if the person was relatively young and had years of earning future ahead of them. You might recover more compensation in a wrongful death claim for medical and funeral bills, pain and suffering of the deceased, your mental and emotional anguish, loss of income, and loss of care and support.
A dedicated car crash lawyer is highly skilled at valuing personal injury claims. If you suffered an injury in an uninsured or underinsured driver accident, talk to a car accident attorney immediately.
Contact An Experienced Auto Accident Attorney Today
Being injured by another driver in a car accident is always a stressful event. If the driver has no insurance, you may wonder if you can obtain compensation for your damages.
A skilled car collision lawyer may help you file an uninsured or underinsured auto accident claim on your policy to help you receive compensation for medical bills and other losses when the responsible party doesn't have the insurance coverage needed.
Please speak to a personal injury attorney in your area today to learn how they may help file a UM/UIM claim.