Car Accident Claims Involving Underinsured/Uninsured Motorists
While being in a car accident is frustrating enough, finding out that the driver who was at fault for the crash has no car insurance can make a difficult situation seem impossible. Luckily, in most situations when the at-fault driver has no car insurance to compensate you for your injuries and losses, you may be able make a claim against your own insurance company under your uninsured motorist coverage.
Sometimes, the at-fault driver does have automobile insurance but the coverage is not enough to fully compensate you for your medical bills, pain and suffering, loss of income and other damages. In these cases, your own underinsured motorist coverage can be stacked on top of the at-fault driver’s liability coverage. For instance, if a driver with only $25,000 in coverage slams into your car causing you to suffer $50,000 in injuries and damages, you may be able to file a claim with your insurance carrier to compensate you for your losses above $25,000 up to the amount of your underinsured coverage limit.
Your Claims Will Be Made Against Your Own Insurance Company
In each of the situations discussed above, you will be making a claim against your own insurance company. This means that the contract language in your insurance policy will dictate your legal rights and your insurance company’s obligations to you. Beware of “gotcha” language hidden in the fine print of the insurance contract that can deny coverage for accident victims who are not careful or vigilant. Although you are making a claim with your own insurance company, you will be dealing with the same insurance adjusters who will treat you as if you are filing a liability claim. Make no mistake, it is you against them!
In roughly one out of four accident cases, our firm represents a client against his or her own insurance company. While uninsured and underinsured motorist claims happen all the time, when it happens to you it is important to make sure you are represented by a Phoenix car accident lawyer who has a strong understanding of the complex language used in auto insurance contracts. Our lawyers are experienced personal injury attorneys who know how to interpret uninsured/underinsured coverage provisions to make certain you receive all amounts you are entitled to.
Oftentimes passengers, pedestrians and individuals driving someone else’s car are injured in an accident where the at-fault driver was either uninsured or underinsured. In these situations, it is important to know that uninsured/underinsured motorist coverage is portable, which means that you may be covered for your injuries even when your own vehicle was not involved in the accident. Because this can be a very important source of compensation in your case, our law firm will carefully identify all policies that may apply in your case.
Don’t Delay – Contact a Phoenix Car Accident Lawyer Today
If you have been involved in a car accident where the at-fault driver was either uninsured or underinsured, it is important to speak with competent legal counsel as soon as possible. The language in your insurance contract is likely to include strict time limits and notice requirements for filing your claim. When you contact our firm, we will carefully review your policy and inform you of what must be done to preserve your rights.
Hirsch & Lyon Accident Law P.L.L.C. offers free consultations to car accident victims – call us at 602-535-1900 to schedule yours today.