Navigating the aftermath of an automobile accident can be a daunting task, particularly when the at-fault driver lacks adequate insurance coverage. As a leading New Orleans Car Accident Attorney, Cueria Law Firm LLC is dedicated to helping you understand the complexities of uninsured motorist (UM) coverage and how to claim it. Through this guide, we aim to simplify the process and provide you with the essential information on filing a UM insurance claim.
Understanding Uninsured and Underinsured Motorist Coverage
If you find yourself in a collision where the culpable driver has insufficient or no insurance, two types of automobile insurance coverage come into focus:
- Uninsured Motorist (UM) Coverage: An integral part of your auto insurance policy, UM coverage is used to compensate for your medical bills and other accident-related losses when an uninsured driver is at fault.
- Underinsured Motorist Coverage: This policy feature is activated when the liable driver has inadequate liability insurance to cover your losses. Your underinsured motorist coverage bridges the financial gap between the at-fault driver’s coverage and your injury-related losses.
Uninsured Motorist (UM) Coverage Explained
UM coverage is triggered when an uninsured driver is deemed responsible for the accident. A UM claim with your auto insurance company can compensate for your car accident-related losses, similar to making a claim against the at-fault driver’s insurer.
Filing a personal injury lawsuit against an uninsured driver is typically not worthwhile unless the offender possesses significant assets or other means to satisfy a court judgment. Hence, carrying UM coverage, even when not mandated by your state, is a prudent choice to ensure you’re not left without adequate compensation.
Unpacking Underinsured Motorist Coverage
Underinsured motorist coverage applies when you’re in an accident with a driver whose liability insurance policy limits fall short of covering your medical bills, pain and suffering, and other losses. You would make a UM insurance claim against your own insurance company up to the limit of your underinsured motorist coverage.
Let’s illustrate this with an example. Suppose your car accident case value is $40,000, but the at-fault driver only has $25,000 in liability coverage. In that case, you can make an underinsured motorist claim against your insurer, provided you have more than $25,000 in underinsured coverage. So, if you have $50,000 in underinsured driver coverage, you would settle with the at-fault driver for $25,000 and with your own insurance company for $15,000.
Uninsured/Underinsured Motorist Bodily Injury Coverage Overview
Typically, when a car insurance policy includes “uninsured motorist” or “underinsured motorist” insurance, it refers to the “bodily injury” variety of these coverages. The following types of losses are usually recoverable from your own car insurance company:
- Cost of past and future medical treatment resulting from the accident injuries
- Lost income due to the accident and any work limitations caused by the injuries
- Mental and physical “pain and suffering” stemming from the car accident injuries, necessary medical treatment, and the accident’s impact on your life.
In many states, your uninsured/underinsured motorist insurance can cover not only you (as the policyholder) but also others who aren’t covered under their own car insurance. These include:
- Anyone you’ve permitted to drive your car
- Members of your family/household
- Passengers in your car at the time of an accident with an uninsured/underinsured driver.
Uninsured/Underinsured Motorist Property Damage (UIMPD) Coverage Explained
In most states and with most car insurance companies, you’ll need to purchase separate uninsured/underinsured motorist insurance to ensure compensation for damage to your vehicle or other property types after an accident with an uninsured/underinsured driver.
The Need for Uninsured/Underinsured Motorist Coverage
Some states mandate vehicle owners to carry uninsured and/or underinsured motorist protection as part of any car insurance policy. However, carrying sufficient uninsured/underinsured motorist coverage is the most cost-effective way to ensure comprehensive financial coverage after a car accident.
Steps to Follow After an Accident With an Uninsured/Underinsured Driver
After any car accident, particularly one where the at-fault driver is uninsured, it’s crucial to report the crash to your car insurance company, discuss how your own coverage might come into play, initiate the UM insurance claim process, and comply with any obligations you might have under the terms of your policy.
Filing a UM Insurance Claim
In essence, an uninsured or underinsured driver claim progresses the same way as a regular car insurance claim, except that the UM insurance claim is filed with your own insurance company. If you have reason to believe that the driver who hit you is uninsured, you should notify your insurer as soon as possible.
Seeking Assistance After an Accident With an Uninsured/Underinsured Driver
Uninsured/underinsured motorist coverage may not always provide a smooth resolution to your UM insurance claim. In such cases, having a competent New Orleans Car Accident Attorney like Cueria Law Firm LLC by your side can make a significant difference in understanding your options and charting the best path forward.
Conclusion
Learning how to file a UM insurance claim is critical in ensuring that you receive the compensation you’re entitled to after an accident. At Cueria Law Firm LLC, we understand the complexities of UM insurance claims and are committed to supporting you throughout this process. Contact us today for a free consultation and let us assist you in navigating the intricate path of UM insurance claims.
