If you are involved in an accident that is primarily caused by a motorist who was uninsured or underinsured, you may be able to file a claim with your own insurance company. Follow these steps to ensure that your legal rights are protected.
Look at Your Coverage
Uninsured motorist coverage provides for the payment of your medical bills and property damage if you are in a car accident that is caused by a person who is driving without insurance. All drivers are required to cover at least liability insurance for this purpose. However, as a state requirement or as add-on coverage in some states, uninsured motorist coverage allows you to make a claim under your own insurance policy if the other driver is not insured.
A similar type of coverage is called underinsured motorist coverage. This coverage applies if the other driver lacks sufficient coverage to provide for the full expense of your medical expenses and property damage.
Notify Your Insurance Company
Once you know that you will need to tap into your uninsured or underinsured motorist coverage, notify your insurance company immediately. Some insurance companies only allow their insured to make a claim within 30 days of realizing that they need such a claim.
Look into Personal Protection Coverage
If you happen to live in a state where personal protection coverage is offered and you have it, you may be able to file a claim immediately against your own insurance company, even if you were at fault for the accident. This coverage does not provide for your property damage, but it can compensate you for medical expenses and lost wages.
Document Your Damages
Your insurance company may investigate your claim, including the nature of your injuries and your medical treatment. For this reason, be sure that you keep track of all of your medical records, bills, estimates for your property damage and proof of lost earnings.
Consider Other Defendants
Although there may have only been two parties involved in the accident – you and the other driver – there may be other parties that may share in the liability of the accident. For example, if the accident was caused in part because of faulty brakes, you may have a claim against the parts manufacturer. The owner of the vehicle may be liable under a theory of negligent entrustment. If the person who hit you was driving a company vehicle, his or her employer may share liability.
Consult an Attorney
A personal injury lawyer can help you through the claims process. He or she can also review your insurance policy in order to determine if it requires you to submit to arbitration or another form of alternative dispute resolution. He or she can also inform you of the insurance company’s legal duty to act in good faith and discuss the potential of bringing forth a bad faith claim if necessary. If other parties are involved, your personal injury lawyer may also discuss the plausibility of a successful lawsuit against these parties.
If the case cannot be settled, discovery and pretrial investigation may be necessary for both parties to ascertain important information about the accident. If arbitration is necessary, a lawyer can present the evidence and case in front of a neutral arbitrator or panel of arbitrators who makes a binding decision.
Communicate with the Insurance Company
Your personal injury lawyer may handle all communications with the insurance company on your behalf. State laws that regulate insurance companies may specify that certain communications need to be made and must be in writing, such as a statement on why uninsured motorist coverage may not apply in a case.
Know the Law
It is also important that you know about the laws that apply in your state. For example, insurance adjusters may only have a certain number of days to respond to a claim. There may be specific provisions that they must follow to avoid a finding of bad faith. Your personal injury lawyer can discuss the relevant laws and how they may apply to your case.
