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Uninsured and Underinsured Motorists

You’ve been seriously injured in an auto accident. You’ve got medical bills, lost wages, and you’re hurting. You can’t believe it. Fourteen percent of drivers in the U.S. don’t have insurance, and one just ran into you. What do you do now?

You probably won’t be making a claim against the person who caused the accident because most people who drive without insurance don’t have enough money to justify the time and expense of making a claim against them.

If you have uninsured or underinsured motorist coverage through your insurance company, you can submit a claim to your insurance company. Our lawyers can help. Contact us for a free consultation.

OUR ATTORNEYS HAVE WON MILLIONS FROM BARS AND OTHER "DRAM SHOPS" WHEN AN UNINSURED DRIVER WAS DRUNK >>

Uninsured Motorist Insurance Claim

If you live in a state that requires uninsured motorist coverage (UM), like Minnesota, you will be able to make a claim against your insurance company. Your insurance company pays when the other driver doesn’t have any insurance. UM coverage pays for many (but not all) of the things that the other person’s insurance would have paid if it existed. Check your policy. UM insurance often covers the following:

Medical bills and wage loss
Pain, suffering and disfigurement
Emotional distress
Loss of future earning capacity.

There are some things that UM coverage may not cover, including:

Damage to your car (but you may also have collision coverage that does pay for property damage, less your deductible)
Punitive damages.

UM coverage is not a gift or present from your insurance company. You already paid a premium for it, so don’t think you’re taking "advantage" of your insurance company because you have to make a uninsured motorist claim. You also don’t have to worry that your premium will go up if you make a unisured motorist claim; most states prohibit premium increases if the accident wasn’t your fault.

Underinsured Motorist Claims

Underinsured motorist coverage (UIM) is not the same as uninsured motorist coverage (UM). UIM applies when the person who caused your accident has insurance but the limits aren’t high enough to fully compensate you for your losses. Here’s an example: Let’s say the person who ran into you had insurance that pays only $25,000 for each person injured in an accident and your losses are worth $100,000. If you have underinsurance coverage, you will be able to collect the other person’s $25,000 and then look to your UIM coverage for the remainder of your damages.

Even if UIM coverage is available, each state has different rules about the way it works. For example, some states allow you to "add on" the full UIM limit to the other person’s insurance limit allowing you, in the example above, 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, resulting in a maximum benefit of only $100,000.

States also have different rules about the way UM and UIM claims are made. Some require UM and UIM claims to be made in court; others allow them to be resolved through arbitration.

Do I Need an Accident Attorney?

If you decide to make an uninsured motorist claim/underinsured motorist claim, we strongly recommend that you find an attorney with experience making these claims. You can be sure that the insurance company has a number of people who are already working on ways to reduce or deny your claim. A good attorney will keep these people in line. Any wrong move, and the insurance company may be faced with a lawsuit or mandatory arbitration, which is often required in UM policies. Many uninsured/underinsured insurance cases involve "breach of contract" and "breach of the implied covenant of good faith and fair dealing," or bad faith.

Lawsuit against the Insurance Company for
Breach of Contract

With a breach of contract suit, you’re saying that the insurance company did not live up to its end of the bargain. You acquired an expense that was covered by your insurance, and the insurance company refused to pay. Everybody focuses on the words of the policy in these cases. The insurance company may have the advantage because they drafted the policy. However, the "rules of construction" are on your side. Rules of construction require the courts to interpret ambiguous language in your favor. If you win, you’re entitled to the coverage provided for in the policy.

Lawsuit against the Insurance Company for
Acting in Bad Faith

A bad faith claim says that the insurance company acted unreasonably in refusing to pay your claim. All insurance policies require that the insurance company act in good faith when reviewing a claim. If the insurance company did not perform an adequate investigation, or attempted to settle your claim for less than what it’s worth, you may have a viable bad faith claim and you can recover your benefits. If you can establish a bad faith claim, you may be awarded for "infliction of emotional distress and fraud" and receive compensation for punitive or exemplary damages, which can exceed the actual amount owed under the contract.

Statute of Limitations

You also need to be aware of the "statute of limitations." A civil lawsuit for breach of contract or bad faith must be filed within a certain time period after the insurance company makes its final denial of your claim. Once the statue of limitations expires, it may be difficult or impossible for you to protect your rights.

Insurance law is very complex. For all these concerns, we strongly recommend that you find dependable legal representation as soon as possible.

Free Consultation with Pritzker Olsen Attorney
Do you have questions after an auto accident like, “Will underinsured coverage cover pain and suffering?” Contact Pritzker Olsen Attorneys. We can review your insurance and explain your rights and legal remedies after an auto accident.

We are a national law firm with clients throughout the United States. Our offices are centrally located in Minneapolis, Minnesota. Read more about the personal injury lawyers at Pritzker | Olsen, P.A..

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Our lawyers have recovered millions more for our clients. Contact us for a free consultation about your accident.

This is attorney advertising. Past results do not guarantee a similar outcome. The result of each case is determined by the specific facts and the applicable law.