Filing a claim against an uninsured driver

By: JML Law | August 4, 2017.

Nobody expects to be hit by an uninsured driver but it can happen and you need to understand your rights with a Riverside uninsured motorist accident attorney. If the accident was the uninsured driver’s fault, it’s best not to sue the driver but rather file a claim against your insurance company in order to obtain the maximum uninsured driver coverage possible.

What about underinsured drivers

When a driver who does not carry sufficient vehicle insurance crashes into your vehicle, and the accident is his or her fault, you need to file a claim against your insurance company. Insufficient insurance means there isn’t enough money to cover for the damages and injuries sustained in the accident. This is only applicable if your insurance coverage is higher than the other driver’s coverage. Also, the coverage cannot exceed your primary coverage. Uninsured and underinsured coverage is very affordable when compared to your regular coverage.

Filing a claim

If you suspect that the person responsible for the accident is uninsured or underinsured, you should contact your insurance company immediately and tell them you plan on making a claim against such driver. It all depends on your insurance company’s policies. Some companies have strict deadlines and you may need to file your claim within 30 days of the accident. Sometimes the other driver may tell you he or she doesn’t have insurance and refuses to provide you with any information. These claims take a while to process. It’s important you have a Riverside uninsured motorist accident attorney guiding you every step of the way as these cases can be complex. Once you and your attorney have decided this is the best course of action, contact your insurance company and let them know you intend to file a claim against it.

Uninsured and underinsured claims are processed just as regular claims. The only difference is that these claims are made against your own insurance. There may be investigations and your medical records may also be requested. Also, any witnesses you have may also be interviewed. There is just one major difference in these types of claims, if you and your insurance company cannot agree on a compensation amount, you may not be able to file the lawsuit but rather file a claim through arbitration. This is generally a panel of arbitrators who make decisions on the final outcome of your case. This is quite different from court trials, as in most cases, the final decision can’t be appealed. In other words, you may be stuck with the final decision.

How a Riverside uninsured motorist accident attorney can help

As in every case, having an attorney with you can work in your favor. Attorneys understand these laws and can navigate them with ease. Contact us today and schedule your initial case evaluation with one of our talented attorneys. You will never know how much your claim is worth until you ask.

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