(235+)You may be shocked to learn that the other driver involved in your car accident either does not have insurance coverage or purchased the bare-bones minimum to be allowed to drive. When that happens, you would need to rely on your own insurance company if you have uninsured or underinsured coverage as part of your policy. To learn more about your legal rights, contact the Philadelphia car accident attorneys at Gibbons & Crichton, Personal Injury & Accident Lawyers.
How UM/UIM Coverage Works
Pennsylvania law requires that insurance companies offer you uninsured and underinsured motorist coverage as part of your policy. Unlike other states, in Pennsylvania, insurance companies are not required to include this coverage with your policy, but rather the mandate is that they offer you the option to purchase this coverage. Your insurance company would step into the shoes of the other driver’s carrier when they either do not have insurance in the first place or they have inadequate coverage.
You should be prudent when it comes to buying different types of insurance coverage. You cannot control who you are in an accident with and what if any, type of coverage they have as part of their policy. Therefore, you should consider purchasing as much UM/UIM coverage as you can as part of your liability insurance. You do not want to be in a position where you have been in an accident with someone who has minimal or no coverage, and you are left to cover all damages.
Stacking of UM/UIM Coverage
There is a way that you can maximize your UM/UIM coverage, although it will cost you extra.
You may have multiple vehicles on the same insurance policy. You can multiply the coverage for each vehicle to reach one amount of stacked insurance coverage. For example, let’s say you have two vehicles in your household and $300,000 of coverage for each one. You would have a total of $600,000 in UM or UIM coverage if you are in an accident with an uninsured or underinsured driver.
Stacked coverage is a part of your policy and is something you pay for as part of your premiums. Under Pennsylvania law, you would need to affirmatively waive the right to stack coverage in writing.
You Still Need To Prove Liability in UM/UIM Claims
The mere fact that you have been in an accident with an uninsured or underinsured driver does not automatically mean they are liable to pay you. The accident could be your fault. The standard rules of liability apply to these types of claims—you need to prove negligence to be in a position to receive financial compensation.
Even if you are filing a claim against your insurance policy, you can expect your insurance company to carefully scrutinize any evidence that you put forward about liability. An experienced car accident attorney would still need to gather evidence about your accident and present it as part of your claim to show the other driver was at fault.
Steps To Take If You Are in an Accident with an Uninsured or Underinsured Driver
As in any other accident, you should call the police at the scene of the accident. The police officer would write an accident report documenting what they saw and learned at the scene. The officer may note whether or not the other driver has insurance.
You should also take steps to care for your health after a car accident, regardless of whether or not you believe you are injured. You must see a doctor to diagnose and treat your injuries. This treatment will result in medical records used to document your damages when filing your claim.
Finally, you should seek legal help from an experienced car accident attorney as you fight for compensation. Never make any assumptions about both liability and the amount of money to which you are entitled after a car accident. Your attorney will review your case and help determine whether you have a viable claim and, if so, the best legal path forward. Since you may be dealing with more than one insurance company, it is even more important to have a lawyer representing you.
Your Insurance Company Can Be Difficult with UM/UIM Claims
The fact that coverage is provided by your insurance company does not make UM/UIM claims easier. Your relationship with your insurance company changes when you file a claim that could result in them paying you money.
All insurance companies work to minimize payouts in any claim, even if it’s your policy. You need an experienced car accident lawyer to represent you when dealing with your own insurance company just as you would when filing a claim against the other driver’s policy. There are times when you may even need to sue your own insurance company if they refuse to pay a claim or don’t offer you an adequate amount of money.
Contact an Experienced Philadelphia Car Accident Lawyer
If you have been injured in a motor vehicle crash, the Gibbons & Crichton, Personal Injury & Accident Lawyers are in your corner. Our lawyers do not take no for an answer when they are fighting for their clients to get what they deserve. Take the first step by sending us a message through our website or by calling us today at 215-274-0173 to schedule a free initial consultation.
