​San Antonio Uninsured & Underinsured Motorist Coverage

Auto Accident Law Firm

Up to one third of drivers do not have auto insurance. An experienced injury lawyer will be familiar with the laws concerning uninsured and underinsured motorists and can assist you in the event you are in an accident with a party that is inadequately insured. Uninsured and underinsured motorists are drivers who either fail to purchase insurance, cannot afford it or carry insufficient insurance. Uninsured motorist coverage is a form of insurance that pays for bodily injury that ensues after an accident with a driver who is legally accountable for the injuries, but does not have liability insurance coverage. Underinsured motorist coverage pays for bodily injury that results from an accident with a driver who has liability insurance with limits that are lower than the injured party’s underinsured motorist coverage limits.

Most people do not make a claim against the uninsured individual who caused the accident. They realize that people who drive without insurance usually do not have the finances to substantiate the time and expense of making a claim against them. Most states have a criminal penalty for driving without insurance. You may try to take legal action against the uninsured, but this will not help recover financial compensation for your losses.

Uninsured Motorists

In general, uninsured motorist coverage (UM) protects injured drivers if the at-fault driver does not have insurance. UM coverage also pertains to a hit and run accident when the vehicle is unidentifiable. If a person has uninsured motorist coverage and is involved in an accident with an uninsured motorist, they may collect from their insurance company to recoup damages. If you are in an accident with an uninsured motorist, you should consult with an attorney to ensure that you attain all the coverage accessible to you.

Some states require uninsured motorist coverage, which allows you to make a claim against your insurance company. Your insurance company pays when the other driver does not have insurance. UM coverage compensates for a good portion of, but not everything that the other person’s insurance would have disbursed if it existed. Review your policy. UM insurance frequently covers:

Medical bills and wage loss

Pain, suffering, disfigurement

Emotional distress

Loss of future earnings

Punitive damages and damage to your car are typically not covered. You may also have collision coverage that pays for property damage, minus your deductible.

UM coverage is already being paid in your premium. Your premium will not go up if you make an uninsured motorist claim. Most States prohibit premium increases if you weren’t liable in the accident.

Underinsured Motorist Claims

Underinsured motorist coverage (UIM) is different from uninsured coverage. UIM applies when an individual responsible for the accident has insurance, but the coverage is limited and will not fully compensate the losses sustained. For instance, if a person ran into you and had insurance that only covered $25,000 of the total loss to each injured person, and you had UIM, you would be able to collect the other person’s $25,000 and your UIM would cover any remaining balance up to the limits of your policy.

Each state has different regulations for UIM coverage. Some states permit “adding on” the full UIM limit to the other person’s insurance limit, allowing you to collect $125,000. Other states have “difference in limits” rules that require subtraction of the other person’s limits from your underinsured motorist claim, ensuing no more than $100,000.

Every state has different guidelines about the way UM and UIM claims are handled. Some require UM and UIM claims to be made in court, while others permit them to be settled through negotiation.

Breach of Contract and Bad Faith

There may be ramifications if you choose to handle this without an attorney. Most insurance companies have people specifically working towards reducing or denying your claim.

A breach of contract suit indicates that the insurance company did not live up to its end of the bargain. This means that you acquired an expense that was covered by the insurance, and the insurance company refused to pay. Because the insurance company drafted the policy, they may have the benefit. There are “rules of construction” that may favor you. Rules of construction require the courts to clarify ambiguous language. If successful, you will be entitled to the coverage provided for in the policy.

A bad faith claim indicates that the insurance company acted unfairly in declining to pay your claim. All insurance policies require the insurance company to act in good faith when evaluating a claim. If the insurance company did not accomplish a sufficient investigation, or attempted to settle your claim for less than what it’s worth, you may have a sustainable bad faith claim and you may be able to recover your benefits. If you are able to confirm a bad faith claim, you could be awarded for “infliction of emotional distress and fraud” and obtain reparation for punitive or exemplary damages, which can surpass the actual amount owed under the contract.

Statute of Limitations

There is a “statute of limitations.” A civil lawsuit for breach of contract or bad faith must be filed within a particular time period after the insurance company makes its ultimate rejection of your claim. After the statute of limitations expires, it may be challenging or impossible for you to protect your rights.

When you are facing the aftermath of an accident, it can be a confusing time. Finding a knowledgeable attorney is important. If you are in an accident with someone who is uninsured or underinsured, do not settle with the other driver's insurance company without first contacting our law firm. Some underinsured motorist policies are not required to pay if the insured person has settled with the other driver's insurance company with out first obtaining consent to settle. This can be a very costly mistake. Protect your rights, contact our firm today. Our law firm can provide you with the information and support you need to obtain the best result available to you.