Don’t Let Another Driver’s Oversight Cost You
There are so many things that you have to deal with after a car accident. A driver without sufficient insurance coverage to reimburse you for the damage to your vehicle or other damages should not be one of them. The fact that Utah has laws setting lower limits on the amount and types of insurance every drive must have certainly is helpful, but that doesn’t mean they will have the right amount of coverage for your accident. We know it is stressful and confusing to deal with a situation where the at-fault party can’t cover the damages, so let us handle things for you.
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What is Underinsured Motorist Insurance?
Sometimes referred to as UIM coverage, underinsured motorist coverage is insurance through your own personal car insurance company that pays for your damages (medical bills, lost wages, pain and suffering, etc) caused by a driver who does not carry enough liability insurance to cover the costs of all your damages after an accident. Thus the name underinsured motorist coverage. UIM coverage is extremely important since Utah law only requires drivers to carry $25,000 in liability coverage. Example of Underinsured Motorist Insurance after an accident: Bill injures his neck in a rear-end collision and requires neck fusion surgery. His medical bills are $55,000. The driver that caused the accident only has $25,000 liability insurance. Bill receives the driver’s $25,000 policy limits, but this does not cover all his damages. So, Bill makes a claim with his own car insurance company for his $100,000 Underinsured Motorist coverage.
How do I get this type of insurance?
It is included in every car insurance policy, unless you waived it when you purchased your car insurance policy. This coverage should never be declined or waived. It helps protect you from having to pay thousands of dollars in medical bills and lost wages if you are injured in a car accident that was caused by someone who doesn’t has very limited car insurance coverage.
When is Underinsured Motorist insurance available after an accident?
It is only available after the insurance company for the driver that caused the accident has tendered their full liability policy limits. If you settle for less than the driver’s full policy limits you cannot make an underinsured motorist claim.
What if I waived my Underinsured Motorist Coverage?
Unfortunately, UIM coverage can be declined or waived when you purchase your car insurance policy. Since most people do not understand what UIM coverage is; Utah law requires insurance companies to give people the following information before they choose to waive this insurance coverage:
- A simple explanation of underinsured motorist coverage
- How much your insurance will cost each month with UIM and without UIM coverage
- Then you must waive this coverage in writing.
If your insurance company cannot produce the waiver signed by you with this specific information, it will have to give you UIM coverage after your accident. We are routinely successful in proving that the insurance company did not comply with Utah law when the UIM insurance was declined, thereby making them give this coverage to our clients.
Can I hire a lawyer to handle my Underinsured Motorist claim?
Yes, and you probably should. Many people assume that since this is a claim with their own car insurance company that they will be treated fairly, so there is no need for an attorney, but that not true. You have special rights when dealing with your own insurance company, and they do not have to tell you what those right are. Instead, they will actually make you believe that you are obligated to give them what they ask for. Call our office at 801-506-0800 before signing or agreeing to anything. You do not and should not give a recorded statement or sign a medical authorization so they can collect your medical records. When you hire our attorneys for your UIM case, you will recover more (even after attorneys fees) than you would handling the case on your own, and you will not have to deal with the stress of it all. Call us today or fill out our free case evaluation form on this webpage.