A car accident lawyer can help file an uninsured and underinsured motorist claim by providing legal representation and guidance throughout the process. This support is invaluable in meeting filing deadlines, gathering supporting evidence, and navigating the complexities of a car accident recovery.
The personal injury attorneys at Berry Law thoroughly understand this process, enabling accident survivors in Nebraska and Iowa to confidently recover damages that the insurance company may have initially denied.
Learn from our team what to expect and the steps our legal professionals take to protect the rights of those injured in a car accident.
Why Do I Need to File a UM/UIM Claim?
When involved in a car accident, the primary source of compensation for damages is typically the at-fault driver’s insurance company. However, if that driver is uninsured or underinsured, injured parties may have little to no options for receiving adequate compensation from the responsible party.
In these situations, filing an uninsured/underinsured motorist (UM/UIM) claim with one’s own insurance company becomes necessary to recover compensation for damages and losses sustained in the accident.
Failing to file this claim can result in a range of negative consequences, including but not limited to:
- Difficulty covering medical bills and lost wages
- Financial strain and stress on the accident survivor and their family
- Inability to fully recover general damages such as pain and suffering
Additionally, by filing a UM/UIM claim, accident survivors set the stage for further legal action if necessary. If the insurance company denies or undervalues the claim, a lawyer may be able to pursue a lawsuit against both the at-fault driver and one’s own insurance company for failing to provide adequate coverage.
What Does a Car Accident Lawyer Do to Help File an Uninsured or Underinsured Motorist Claim?
The process for filing a UM/UIM claim can be daunting and overwhelming, especially for someone who has just experienced a car accident. A personal injury attorney can help alleviate this stress by taking on the legal burden in the following ways:
- Assisting with the initial filing of the claim
- Conducting a thorough investigation to help gather evidence and support for the claim
- Negotiating with insurance companies when necessary to ensure they provide proper compensation based on policy terms, state laws, and the injured party’s losses
- Representing the injured party in court if a lawsuit is necessary to seek full compensation for damages
These tasks require extensive legal knowledge and experience, which an experienced car accident attorney can provide. They can also accurately assess the value of one’s claim and fight for maximum compensation.
How Do I Know If I Need a Lawyer for My UM/UIM Claim?
It is always advisable to consult a car accident lawyer after being involved in a collision, especially if significant injuries or damages are involved. However, when it comes to filing a UM/UIM claim specifically, it is important to seek legal counsel if:
- The negligent driver’s insurance company is offering to pay the limits of their policy
- The negligent driver does not appear to have valid automobile insurance coverage
- The injured party’s insurance company is denying a claim or offering an unreasonably low settlement
- The other driver’s insurance company has denied coverage or is refusing to pay for all of the damages they caused
- The accident survivor is unsure of the policy’s coverage and potential options for compensation
If the other driver(s) lack proper insurance, those harmed in an accident will likely require the help of an experienced attorney. By working with an experienced attorney, survivors can rest assured that their rights are being protected and that they have the best chance of receiving the compensation they deserve.
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How Do I Know if the Other Driver is Uninsured or Underinsured?
Signs of an Uninsured Driver
After a car collision, there are a few tell-tale signs that the other driver involved may not have proper insurance coverage:
- They refuse to exchange insurance information or provide proof of insurance
- They admit to not having insurance or being underinsured
- The police are not able to verify their insurance information
There are only two states where car insurance is not required by law. Nebraska and Iowa are not those two states. As such, drivers in Nebraska and Iowa must have at least the minimum insurance coverage, which is only $25,000 per person for bodily injury and $50,000 per accident in Nebraska and $20,000 per person and $40,000 per accident in Iowa.
Signs of an Underinsured Driver
An underinsured driver is someone who has insurance but not enough coverage to fully compensate the injured party’s losses. Signs of an underinsured driver are harder to spot, but may include:
- The at-fault driver attempts to pay for damages directly without going through insurance
- The at-fault driver has minimal coverage or is unable to provide proof of adequate insurance coverage
In these cases, it is important for accident survivors to seek the help of a personal injury lawyer who can examine the policy and determine if any additional sources of compensation are available.
Who Pays for Damages and Losses After an Accident with an Uninsured or Underinsured Driver?
Multiple parties may be responsible for covering damages and losses after an accident with an uninsured or underinsured driver, including:
- The at-fault driver’s insurance company: Injured parties may still seek compensation from whatever existing insurance coverage the at-fault driver may have.
- The injured party’s own insurance company: When the injured party has UM/UIM insurance, their insurance company may provide coverage up to policy limits if the at-fault driver is uninsured or underinsured.
- The at-fault driver’s estate: When the at-fault driver has non-existent or insufficient insurance coverage, their estate may be held liable for damages and losses. This means that all assets and property may be considered as part of the compensation in a personal injury lawsuit.
- Third parties: A third party may also be held liable for an accident involving an uninsured or underinsured driver. This could include employers, vehicle owners, or even government entities who may have contributed to the incident in some way.
While it may seem like there is nothing injured parties can do to seek compensation from an uninsured or underinsured driver, that is not always the case.
By working with a car accident attorney and exploring all possible avenues for compensation, survivors can have a better chance of recovering the financial damages they deserve.
How Much Is a UM/UIM Claim Worth?
The value of the claim depends primarily on what damages the injured person sustained. Beyond that, the amount of damages recoverable depends largely on how much coverage the injured party has. Every insurance company offers a maximum and minimum coverage limit, which may vary from state to state.
In Nebraska, the minimum UM/UIM policy coverage for bodily injury is $25,000 per person and $50,000 per accident. Iowa minimums start at $20,000/$40,000, respectively. Maximum thresholds can occasionally exceed $300,000 per person, but they will also depend on the insurer’s options.
Though these limits exist, they do not mean that injured parties will automatically receive these amounts after a collision with an uninsured or underinsured driver.
Factors that affect the total amount of compensation include:
- The severity of the injuries and damages sustained
- Medical expenses, including past and future costs
- Lost wages and earning capacity due to time off work or permanent disabilities
- Pain and suffering experienced by the survivor
- Any additional losses or expenses incurred as a result of the accident
- Any amount already paid by the at-fault driver’s existing insurance policy
- Any amount already paid by any other applicable UM/UIM policies
Based on these factors, the amount received in a UM/UIM claim may be sufficient to cover what is lost, or it may fall short. If it falls short, a lawyer can help navigate other legal options, such as filing a personal injury lawsuit.
These lawsuits often provide additional compensation and can help accident survivors move forward with their lives after a collision with an uninsured or underinsured driver.
Why Do I Need a Lawyer to File UM/UIM Claims?
To combat false narratives of the other party.
These claims often face obstacles due to false narratives or confusing liability issues. These false narratives can lead to diminished or downplayed coverage amounts, leaving accident survivors with little recourse for seeking proper compensation for damages and losses.
To preserve your access to your UM/UIM coverage.
Many insurance policies that provide UM/UIM coverage have traps buried in their policies that unsuspecting accident victims may fall into. The companies use these traps to deny coverage to their own insureds. For example, your UM/UIM policy may refuse to afford you the coverage on your own policy if you do not perform certain steps prior to accepting any offers from other insurance companies.
To meet the filing criteria.
Meeting filing criteria is about more than crossing t’s and dotting i’s. It involves submitting paperwork according to all applicable laws and regulations.
This includes filing within the statute of limitations for the state where the accident occurred, insurance companies’ deadlines for reporting an accident, seeking medical attention, and more.
A lawyer will prove invaluable in helping accident survivors navigate these requirements.
To accurately portray the extent of damages.
An experienced car accident lawyer will have the knowledge and resources to accurately assess and calculate the true value of a UM/UIM claim. They can help gather evidence, such as medical records and expert testimonies, to support a case and ensure no tactics shortchange the right to available compensation.
To provide representation in court.
Though the majority of personal injury claims are settled outside of court, insurance companies’ unwillingness to provide reasonable compensation may necessitate taking the case to trial.
In such cases, it is crucial to have an attorney who can effectively and aggressively advocate for the right to maximum compensation.
What To Do After an Accident with Uninsured and Underinsured Motorists
Once the initial shock of an accident subsides and any necessary medical attention has been sought, it is important to take the following steps:
- Contact the insurance company and report the accident as soon as possible. A lawyer can assist with this process, especially if catastrophic injuries are making it impossible to meet with the insurer or file a claim.
- Avoid making statements of fault during the reporting process. It is vital to stick only to the facts of the accident and not embellish in any way, which could be used to diminish or deny a claim.
- Document everything related to the accident. This includes medical appointments, care advice, out-of-pocket expenses, physical suffering, emotional distress, and impact on daily life.
- Forward all communication from the other party’s insurance company to a lawyer and avoid engaging in any negotiations or discussions without legal representation.
The sooner these steps are taken, the sooner accident survivors can see a path forward to recovery and compensation.
Trust a Car Accident Lawyer from Berry Law to Help File a UM/UIM Claim
The frustration of not knowing what to do after an accident with an uninsured or underinsured motorist can be overwhelming. At Berry Law, our dedicated team of personal injury lawyers understands the intricacies of these claims and knows how to fight for maximum compensation.
Call 402-466-8444 or fill out our online form to start the claims process now and recover maximum compensation for damages and losses.
