A car accident is a traumatizing experience, and your primary concern is recovering physically and emotionally. You assume the insurance company will cover your expenses; after all, every motorist must have insurance. At the same time, we are all legally required to have insurance policies that meet a specific threshold not all motorists do.
Some motorists have the necessary coverage, but it is not enough during a severe accident. The person would then be deemed an underinsured motorist. These cases have many challenges for compensation, and you will need an Oakville personal injury lawyer from Gatti, Keltner, Bienvenu & Montesi PLC to review your options.
Uninsured Motorist Injuries
An uninsured or underinsured motorist accident is no different than other car accidents aside from the insurance complexities. You will suffer the same injuries that you would in a car accident, including:
- Broken arms or legs
- Crush injuries
- Damage to cervical and lumbar discs
- Head trauma
- Internal organ damage or bleeding
- Eye injuries
- Facial contusions
- Lacerations and scars
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Recovering Damages from an Underinsured Motorist in Oakville
Accident victims find it difficult to recover compensation for their injuries when the driver that hits them is underinsured. Your insurer will offer you uninsured and underinsured motorist coverage as an addition to your policy. While some states require these provisions, our state does not. It is optional, but it is crucial to have this provision in cases like these.
Even with this coverage, getting fair compensation for your losses can still be tricky. When the other party does not have insurance, your policy will kick in to cover the difference. The UM or UIM provision will protect you during a pedestrian accident or when using another person’s vehicle.
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The Do’s and Don’ts of an Accident
You should remember several tips after an accident, especially one involving uninsured or underinsured motorists. Some dos and don’ts are:
- Do not leave the accident scene
- Do call the police and file a report
- Do not chase the driver if they run off
- Do get medical treatment and follow-up care
- Do take notes about the driver, car, and the accident
- Do hire an uninsured and underinsured motorist claim attorney in Oakville
- Do not post about the accident online
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Uninsured Motorists Statistics
The Insurance Research Council (III) collects data on car accidents and other injury cases. For 2019, Mississippi had the highest number of uninsured motorists at 29.4%, and Tennessee was not far behind with 23.7% of uninsured motorists. Across the country, 12.6% of motorists are uninsured.
These numbers show that while insurance is mandatory, many people choose to drive without insurance. Their decision affects drivers who do the right thing because they will have to pick up the financial slack of these drivers.
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Why Uninsured and Underinsured Motorists Are a Problem
The national and state numbers show that uninsured and underinsured motorists are a growing problem nationwide. Their negligence and law-breaking choices leave accident victims with most of the financial consequences. While your insurance company will cover a wide range of compensation, there is no guarantee they will cover all of your expenses.
You may suffer a life-altering injury which leaves you with few options.
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Oakville Uninsured and Underinsured Motorist Damages
UM/UIM claims are different from other car accident claims since you will primarily be working with your insurance company. Instead of a lawsuit, the claim is processed through arbitration. However, some factors can change this, so consult with your attorney about your options.
Damages do not vary from other car accident claims. You will still be able to recover:
- Medical costs
- Lost wages
- Pain and suffering
- The inability to enjoy life
- Medical devices
- Physical therapy
- Rehabilitative care
- In-home care
- Long-term care
- Property damage costs
Many accident victims mistake letting their guard down because they are working with their insurance company and assume it will be easy to resolve the claim. That is an incorrect assumption since your insurance company is standing in the place of the at-fault driver. Since they must pretend to be the other driver, they do not want to pay more than they need to.
Do not allow the insurance company to string you along; make sure you enlist the help of an Oakville personal injury attorney from the beginning of your claim.
Explaining Liability in an Uninsured/Underinsured Motorist Claim
Negligence is simple in these cases, the person who was at fault for the accident, the other driver, will be responsible for the damages. Now that you know the negligent party, you will want to go through their insurance company to obtain compensation for your injuries. You find out that they do not have enough coverage for your damages.
Now what? Well, now you will go through your insurance company which will pick up the slack that the other driver’s insurance company cannot cover. While you are not liable, your insurance will be the one to pay you for your damages.
Statute of Limitations for Uninsured/Underinsured Motorist Claims
The statutes to file a claim for an uninsured or underinsured motorist claim is similar to other personal injury cases. You will have three years from the date of the accident to file a claim with your insurance company. Do not wait until the three-year mark to attempt to file a lawsuit because the insurance company or court will deny it.
Instead, contact your UM/UIM motorist claim lawyer immediately. When you delay filing a claim, the insurance company can argue you do not have substantial losses. Evidence can also be lost if you wait too long.
Contact an Uninsured and Underinsured Motorist Claim Lawyer in Oakville
The legal complexities of a UM or UIM claim are complex, and you cannot fathom how difficult it can be to obtain the compensation you need to recover from your injuries. You will need to contact an Oakville uninsured and underinsured motorist claim attorney from Gatti, Keltner, Bienvenu & Montesi PLC to review your case and begin a claim. Use our website contact form to schedule a consultation today.