Filing a personal injury claim after an accident with an uninsured or underinsured driver can pose some unique challenges. If you have reason to believe that the driver who caused your accident did not have sufficient insurance, then it’s important to contact your own insurer and let the company know as soon as you can that you will be filing an uninsured or underinsured claim.
There are some car insurance policies that have very strict deadlines for policyholders regarding notifying the insurer of these types of claims, so haste is of the utmost importance. You could have as little as 30 days to notify your insurance agent of the claim, though you should check your policy to make sure you know the exact length of your statute of limitations.
Underinsured driver claims generally take a little longer to come to fruition than uninsured claims, as you likely won’t know right away that the driver is underinsured. You are most likely to find this out when you undergo medical treatment and are able to get a better sense of the total value of your injury claim. However, as soon as you and your lawyer determine that your case is worth more than what the other driver can afford under his or her liability coverage, you need to get in touch with your insurer immediately to alert them of the underinsured driver claim that you will be filing.
Otherwise, these types of claims proceed in much the same way as a standard accident claim. The major difference is that the claim proceeds against your own insurance company rather than the defendant’s, and that if you cannot come to a settlement figure with your insurer, you cannot file a lawsuit.
For more information on filing uninsured or underinsured accident claims, speak with a knowledgeable Bradenton car accident attorney at Goldman, Babboni, Fernandez, Murphy & Walsh.