Some drivers carry enough insurance to meet the state’s minimum liability insurance coverage requirement but not enough to cover all of your damages. If the other driver had some insurance, your uninsured motorist coverage does not apply. However, if you have what is called underinsured coverage in your own vehicle policy, you may be able to collect compensation beyond what the other driver’s insurance will pay.
To collect under your underinsured motorist coverage, you must first show your insurance company that the other driver was underinsured for your damages. Obtain from the other driver’s insurance company a letter that includes the policy limits for that person’s liability coverage and a statement that you have settled your claim with that company for an amount equal to the policy limits.
When you negotiate your case with the other driver’s insurance company, the documents you exchange in finally settling the claim may already include the information you need. Once you have settled the claim with the other driver’s insurance company, negotiate with your own underinsurance coverage company about how much more than this amount your case is worth. This is an extremely complex area of the law. Do not sign anything until after you have received competent legal advice.
In choosing an attorney, it is important that you hire one experienced in underinsured motorists claims to ensure that your claim for damages is protected. As with any insurance coverage, underinsured motorist coverage is complex and it is best to talk to an attorney as soon as possible after an injury.
Related: What is Medical Payments Coverage?