What to do when you are hurt by a driver who doesn’t have enough insurance?

October 29, 2018 2:22 pm Published by Leave your thoughts

When do you need UM Coverage?

Today I’d like to talk to you a little bit about what they call “UM coverage” otherwise know as underinsured or uninsured motorist coverage. Let’s say that you’ve been in a collision and you’ve been injured and you’re getting treatment from a doctor, you were taken to the emergency room by ambulance and bills are piling up. All this and the collision was some else’s fault. The other driver hit you.

First in line in terms of trying to get some of those bills paid, not to mention your lost wages and your pain and suffering, is the at fault driver’s insurance, assuming they have it. However, you will be limited to what the policy limits on their insurance policy are. Different people carry different amounts of insurance. At lot of people unfortunately are under insured in today’s day and age.

What is UM Coverage?

In addition to the at fault driver’s insurance your own auto insurance may also be a placed to look for compensation. Your policy, if it has uninsured, or underinsured motorist coverage, could be second in line to the other driver’s insurance. The way that works is generally speaking there’ll be a one-off rule applied. What I mean by that is if your UM policy has let’s say $100,000 in coverage and the at fault driver’s policy has $50,000 in coverage. Once you’ve exhausted their $50,000 you would have an additional $50,000 in UM coverage from your insurance to cover the difference between the coverage limits and you actual damages. This only comes into play when your damages exceed the coverage of the at fault driver’s insurance police.

How do you get UM Coverage – dos and don’ts

In this situation it is very important that you notify your own insurance of the collision soon after it happens. You must make sure that you’re complying with your own insurance policy requirements if you want them to cover your damages. This is something Cohen & Winters will do for you. It’s also important to find out what your policy limits are early on. This will give you important information about how much you may be able to recover in your case. Cohen & Winters will also handle this when we begin work on your case.

Important take away

When you are injured by another at fault driver there are a lot of moving parts and there are a lot of things to consider. Getting a competent lawyer right from the beginning can oftentimes be the difference of thousands of dollars in your ultimate recovery case.

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This post was written by Jonathan Cohen

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