Hit-and-run incidents. Folks using a vehicle without insurance. Drivers who shouldn’t even be on the road. Does that sound familiar?
These circumstances are becoming a major issue and are occurring on a daily basis. Unfortunately, you can’t rely on other drivers to act morally in these changing times. Having uninsured motorist coverage is the only real way to safeguard your family and yourself.
The crucial question, though, is whether you truly possess it.
It’s difficult to understand how your own auto insurance coverage operates. Insurance companies don’t really tell you what kind of coverage you need when you sign up. They only display a number of boxes, choices, and costs. Since they would prefer that you pay for the least expensive plan that protects them rather than you, they don’t provide you any advice. The only thing they have to do is offer it to you as required by law.
If you’ve been in an automobile accident and need assistance from a car accident attorney who has seen it all, this post is for you. In simple terms, let’s explain all you need to know about uninsured motorist coverage.
Uninsured Motorist Coverage: What Is It?
This is referred to as “UM” coverage in the insurance industry. Consider it a personal safety net that you purchase.
In most cases, your medical expenses and pain and suffering are covered by the insurance of the person who hits you. What happens, though, if they lack insurance? Or what happens if their insurance is insufficient? Uninsured motorist coverage comes into play at that point. It puts you in the position of the person who struck you and reimburses you for what they ought to have paid.
Does Uninsured Motorist Coverage Cover Auto Damage?
No. This is a frequent source of misunderstanding. Particularly, bodily harm is covered by uninsured motorist coverage. This implies that it covers your pain and suffering as well as your hospital stays, operations, and medical visits. Your car’s damage is not covered by an uninsured driver.
Collision coverage typically covers damage to your actual vehicle. You should check your collision coverage rather than your UM policy if your automobile is totaled or damaged.
Can a Rental Car Be Paid for by Uninsured Motorist Coverage?
No. Similar to the last response, a rental automobile is typically an add-on known as “Rental Reimbursement.” The person within the vehicle, not the vehicle itself, is the main focus of UM coverage. It’s there to ensure that, following a serious injury, you can recover both financially and physically.
Are Underinsured and Uninsured Motorist Coverages Distinct?
In essence, since the effect is the same, the answer is yes.
- A person who is uninsured has no insurance.
- They may be underinsured if they have some insurance (maybe the state minimum), but your medical expenses exceed what their coverage can cover.
The majority of policies combine these. Therefore, your “Underinsured” coverage can fill the shortfall if you have a $50,000 UM policy and the person who hit you only has $10,000.
Is Coverage for Uninsured Motorists Necessary?
It is not necessary to get uninsured motorist coverage. This is the “trap” that a lot of people fall into. Because they have “Full Coverage,” drivers believe they are safe. In actuality, “Full Coverage” is a marketing slogan that typically only indicates that you have coverage for your own vehicle in addition to the very minimum required by law. Unless you specifically request it, UM is frequently excluded.
How Can I Determine Whether I Have Uninsured Auto Insurance?
The most crucial step is this one. You must examine a document known as your Declarations Page (or “Dec Page”) in order to find out.
Look beyond the small proof-of-insurance card in your glove compartment; it doesn’t provide enough information. Every six months or a year, your insurance carrier will send you a Dec Page, which is a one- or two-page summary of your policy. Search for “UM” or “Uninsured Motorist.” You are not protected if those words have “-0” or “Rejected” next to them.
Another option is to give your insurance provider a call. I advise all of my clients to do it because it is so simple. Simply find out if you have uninsured motorist coverage and, if so, how much. You will simply need two minutes to complete it.
Does Having Uninsured Motorist Coverage Make Sense?
In my experience as a car accident lawyer, the answer is definitely yes. It is the most crucial coverage available.
Why? since you have power over it. If the individual behind you is not licensed or insured and is here illegally, you have no influence over it. If someone knocks you while intoxicated and runs away to avoid a DUI, you have no control over it. However, you have influence over the level of security you provide for your own family. In comparison to the extensive protection it offers, UM coverage is typically quite inexpensive.
What Takes Place If I Don’t Have Uninsured Auto Insurance?
You may be responsible for paying the cost if you are struck by an uninsured person and you do not have UM coverage.
Your health insurance may cover certain medical expenses, but it won’t cover lost income due to absences from work. The possibility of lifelong back pain is something they won’t cover. You are effectively depending on the “financial responsibility” of someone who didn’t even bother to purchase auto insurance if you don’t have UM. It’s a losing wager.
What If I Was Not Informed About Uninsured Motorist Coverage by the Insurance Company?
In order to get you to join up with them, insurance salespeople frequently aim to offer you the best deal. They occasionally conceal or ignore UM coverage because it raises the cost a little.
The insurance company is required by law to make it available to you. They might be in trouble if they didn’t, but they typically use a certain form to hide their tracks. Since everything is automated these days, it is extremely uncommon to encounter a scenario in which UM was not provided.
An Uninsured Motorist Rejection Form: What Is It?
Because UM coverage is so crucial, you must sign a special document if you refuse UM coverage. We refer to this as a Rejection Form. You are communicating to the insurance provider by signing this: “I know this is important, but I am choosing to save money instead of having this protection.” When I represent my clients, I always request a copy of it. I haven’t seen a situation where the insurance company failed to cover its tracks and have this paper signed in years. You might not have even read or comprehended what you were signing because it is typically provided to you electronically.
What Happens if I Don’t Sign a Rejection Form for Uninsured Motorists? Is Uninsured Motorist Coverage Still Available?
Car accident attorneys use this “secret” to assist their clients. The court may “create” UM coverage for you if an insurance provider is unable to provide a signed Rejection Form that satisfies the stringent legal standards.
A lawyer may request to view the documentation if you were informed that you do not have UM but do not recall ever signing a form to refuse it. You might be covered if the insurance provider misplaced it or made a mistake.
How Does Uninsured Motorist Coverage Operate?
This is how the procedure operates:
- You are involved in an accident.
- It’s the other driver’s fault.
- You learn that the other driver has insufficient or no insurance.
- You submit a claim to your personal insurance provider.
- Your insurance provider “steps in” and provides coverage for the person who struck you.
Will My Insurance Rates Go Up If I Use My Uninsured Motorist Coverage?
No. An insurance company cannot increase your premiums for filing a claim that wasn’t your fault. Using UM coverage shouldn’t result in an increase in your premiums because it only takes effect when someone else causes the crash. You have every right to utilize this protection as you have been paying for it.
Can My Uninsured Motorist Insurance Be Used by Others to File a Claim?
Indeed! UM coverage typically follows the individual and the vehicle.
- Your UM policy typically covers any passengers in your vehicle if you are struck by an uninsured motorist.
- Even if your family members are struck by a car while walking or riding a bike, they are frequently protected.
Is It Possible for Others to File a Claim on My Uninsured Motorist Insurance Without My Consent?
They have the legal right to request coverage under your policy for their injuries if they were a passenger in your vehicle at the time of the collision. Since the policy is intended to protect everyone within the car, they don’t necessarily need your “permission”. But don’t worry, this comes from the insurance company you’ve already paid, so it doesn’t come out of your wallet.
If I file a claim against my own uninsured motorist coverage, do insurance companies handle it differently?
The unfortunate reality is that your own insurance provider becomes your “adversary” as soon as you file a UM claim.
They want to pay you as little as possible, even though you have been paying them premiums for years. They will attempt to claim that your discomfort wasn’t caused by the accident or that your injuries aren’t that serious. For this reason, even when doing your own business, having a car accident attorney is crucial.
Do I Need an Attorney to File a Claim for My Injuries Under My Own Uninsured Motorist Coverage?
Although it’s not necessary, having one is strongly advised. People often underestimate how difficult it is to file an injury claim. Your insurance company may give you a “lowball” settlement because they want to cut costs. A lawyer is aware of the actual cost of your future suffering and medical expenses. We ensure that you are treated fairly by the insurance company.
How Can a Car Accident Attorney File an Uninsured Motorist Insurance Claim?
I take care of the tough lifting when I take on a case:
- Investigation: I demonstrate that the other motorist was solely at fault.
- Verification: I look for any insurance coverage that might be offered.
- Medical Records: To demonstrate the severity of your injuries, I compile all of your invoices and doctor’s reports.
- Demand: I send your insurance provider a formal “Demand Package.”
- Negotiation/Litigation: To secure you the biggest payout possible, I battle with the insurance adjusters and their attorneys.
Concluding Remarks by Sean McQuaid
In my 26 years as a lawyer, I’ve encountered hundreds of people who don’t know what uninsured motorist coverage is or if they have it. Obtaining auto insurance is a complicated process. After being with one insurance company for 33 years, I just switched, and I was astounded by how little the insurance firms inform their clients about what they need. I was able to comprehend it now that I am an expert in insurance. However, the common person would never be able to comprehend what coverage to obtain and how much. Prices are the only guidance available. It is a serious issue and a horrible system. I think this is deliberate. If you don’t understand or were burned, it’s not your fault.
Today, please set aside five minutes. Locate the Declarations Page or log onto your insurance app. Call your agent or business and add UM coverage if it isn’t already there. It is the greatest present you can give your loved ones.
Don’t do it alone if you’ve already been in a car accident and are having trouble interacting with insurance companies. Speak with an expert who understands the system and can defend your rightful recompense.
About the Author: Sean McQuaid is an experienced car accident attorney dedicated to helping victims navigate the complexities of insurance claims and personal injury law.