Car or Motorcycle Accidents and Uninsured or Under Insured Motorist Coverage

Posted By Michael R. Varble || 30-Sep-2013

I have seen the case time and time again where a client comes to me with significant injuries from a car or motorcycle accident and they are not adequately compensated for their injuries because they don't have uninsured or under insured motorist coverage. The person that slammed into my client in broad day light was not paying attention because they were responding to a text message or answering a phone call. As a result, my client ends up in the hospital with a leg fracture, or something worse, and is out of work for several months and falls behind on all their bills. Now they consult me, we find out that the responsible driver has a statutory minimum policy and my client is out of work, behind on bills and facing financial disaster. Does this situation sound like it's not all that far fetched for you ? Well, it's not far fetched. It happens all the time. This is why you should have uninsured and under insured insurance.

What is uninsured or under insured motorist coverage ? This is a option that you can take on your own automobile insurance policy that is designed to protect you in the event that you are injured in a car or motorcycle accident and suffer money damages. If you have substantial policy limits, like $100,000 or more and you are involved in an accident with someone that only has $25,000 policy limits, you can make a claim against your own insurance policy for the additional $ 75,000 that the responsible driver does not have in coverage. This option with your own insurance can save you from financial disaster if you are seriously injured in an car or motorcycle accident and I would urge everyone to please ask their insurance agent if they have this coverage and to make sure that you have an amount that you believe will protect you.

How do you make a claim against your own insurance if you are hurt by some else ? Well, when you consult me or one of the other attorneys in our firm, we acquire the information for your insurance carrier and we place your carrier on notice of a possible claim against them as early in the case as possible. Sometimes we can find out the responsible driver's coverage limits with a phone call and from there, we are able to place our client's insurance carrier on notice. Sometimes we have to file suit and obtain discovery from the defendant before you can place your insurance carrier on notice. However, I and our attorneys always look for this issue with an auto or motorcycle accident and we always make every effort to maximize our client's recovery.

The last case I had where this issue came up involved a client who was riding a motorcycle and was hit by a minivan that turned left in front of her. The driver of the minivan was clearly at fault, and my client was sent to the hospital via helicopter. My client had multiple fractures, multiple surgeries, and she was out of work for several months. The defendant in this case only had a $ 25,000 policy limit and my client was not even able to recover all of her lost wages and out of pocket medical expense because she only had $ 25,000 in uninsured or under insured motorist coverage. This is exactly why I let everyone know that they should always check their own policies and make sure that they have an appropriate amount of uninsured or under insured motorist coverage.

If you find yourself thinking about these issues because you or someone you know has been injured in a car accident, please feel free to give me a call for a free consultation. The attorneys at Michael R. Varble & Associates, P.C. have over 150 years of combined experience and we will fight for you.

Categories: Personal Injury

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