When the person that causes the crash does not have enough insurance to compensate you for your injuries, then you may have a claim for underinsured motorist benefits. This is a claim that you make against your own insurance company to supplement the compensation that you receive from the at fault party’s insurance company.
Every one of us has protection against these underinsured drivers built into our policies. Minnesota requires that all automobile policies have underinsured motorist benefits. This means that your own policy will pay the amount over and above the amount paid by the at fault party necessary to fully compensate you for your injuries. Your insurance carrier then has the right to sue the underinsured driver to get the money back.
This leads to several questions:
Will my premiums go up if I made an uninsured motorist claim?
No. The only time that your premiums can be raised following an accident is if you were at fault for the accident. If you make a claim on your policy that is based upon the fault of another person, then your rates will not go up.
How do I know which policy should pay the uninsured motorist benefits?
The policy that covers the car you are in is the first policy that you turn to for uninsured motorist benefits. If you have purchased a higher limit of coverage on your own policy, then you may have the right to go to your own policy for the higher limit of coverage. You also may be entitled to coverage on a policy of any family member that you live with. Making sure that you make the claim to the appropriate insurance company is important and may require the assistance of a lawyer.
Should I hire a lawyer if the claim is against my own insurance company?
Yes. Just because it is your own insurance company is no reason not to hire a lawyer. Although insurance adjusters are nice people, their interests may not be your own. It does not matter if it is your company or the other persons. The insurance company is not always on your side.
Also, there are complexities in the law of uninsured motorist law that you will need a lawyer’s help with. For instance, you need to be careful to pick the appropriate policy to make the claim against. Some policies may provide extra coverage, so picking the right policy could result in better compensation.
There is a specific procedure that must be used to settle with the at fault party if you intend to pursue an underinsured motorist claim. If this special procedure is not followed, then you will lose your right to any underinsured motorist benefits.
You may also be able to settle with the at fault party for less than their policy limits and still be able to bring a claim for underinsured motorist benefits. This will allow you to have a safety blanket in case something with your injury gets worse over time.
Contact Us
If you, or a loved one, have been injured in a car crash, then please contact one of our experienced attorneys. For more information and a free consultation with our experienced and professional staff, call Walker Law Office, P.A. at (612) 821-0094, (214) 550-3333 or email walker@walkerjustice.com.