When you have been involved in an accident resulting in either personal injuries or material damage to your car, the next step you will want to take is to seek compensation. Drivers in Newport Beach are required to have at least a minimum liability policy to cater for medical expenses and other damages of third parties. However, there are those uninsured or underinsured drivers, therefore making it hard for the aggrieved party to recover damages. If you have uninsured motorist coverage, it is advisable to get in touch with an injury attorney Newport Beach for guidance on how claims like yours work. With the help of our personal injury attorney Newport Beach you will be better placed to know how to use your uninsured motorist coverage to recover damages incurred from the accident.
Should I file a personal injury claim if I have uninsured motorist coverage?
Most accident victims, who happen to deal with an uninsured or underinsured at-fault driver, are often confused about whether to file a personal injury lawsuit or not. Working with our uninsured motorist lawyer Newport Beach will help you realize the advantages of choosing not to file a personal injury lawsuit. If the uninsured or underinsured Defendant does not have adequate assets that can be executed against once judgment has been entered, then such a lawsuit is an exercise in futility. For example, establishing whether the Defendant has significant assets will require lots of research involving several background checks. If you finally realize that there are no sufficient assets, the financial implication on your end will be too significant to bear. With the help of our uninsured motorist lawyer Newport Beach, you can file a claim against your insurer. You should be aware that uninsured motorist coverage is not mandatory since most insurers have already included it in your policy.
How to deal with underinsured driver coverage
Not every driver on the road is duly insured. Therefore when you get hit by an underinsured driver, covering your medical bills and other damages emanating from the accident can be challenging. Instead of going into your own pockets to cover the bills and other damages, you should lodge a claim with your insurer. Our uninsured driver accident lawyer Newport Beach can guide you on the correct procedures to follow when following up on a claim of a car accident with an uninsured driver. Your insurer will only be liable to make a payment only to the limit of your underinsured driver coverage. Making such payments comes with conditions; most insurers will only pay an amount up to the maximum limit of your underinsured driver coverage, where the at-fault driver’s policy is less than your policy. Understanding how the calculations on what your insurer should pay can be complicated at times. Therefore, it is crucial that you hire an uninsured driver accident lawyer Newport Beach so that you can have a professional on your team who understands the applicable guidelines to underinsured driver coverage.
How to make an underinsured or uninsured coverage claim
If you are in a car accident with an uninsured driver, there are some steps you need to undertake to secure your interest. Insurance companies work with timelines; therefore, if you reach out outside the stipulated time, your claim might be dismissed by your insurer. If you don’t know insurance laws and regulations, it might be difficult for you to make the right decision within time. Our injury attorney Newport Beach is always ready to help and expedite all the required processes on your behalf.
When you cannot tell whether the at-fault driver is underinsured or uninsured, your very first step should be contacting your insurance company. From the onset, the actions of the at-fault driver can raise suspicions on whether they have insurance. A driver who refuses to reveal any insurance information to you could be sending implied confirmation that they don’t have insurance coverage. At times the driver might choose to express their insurance status and inform you of their insurance status. In both scenarios, acting fast is the sure way through which you can get a chance to recover damages.
How long does it take to finalize the claim processes?
If the at-fault driver is underinsured, you will have to wait until the injuries sustained have been established and the medical reports compiled. Your lawyer, after that, will help with establishing the value of your case. If you intend on suing an underinsured driver, it is always vital that you have a lawyer you are working closely with throughout the entire claim process. Once your case’s value is established and you realize that the amount owed in damages is more than the at-fault party’s insurance coverage, your lawyer will help you notify your insurance company immediately to avoid being caught up with limitations of time.
Underinsured and uninsured coverage claims don’t depart much from other car insurance claims. However, you will note that the difference comes in because instead of pursuing the Defendant’s insurance company for compensation, you resort to pursue compensation from your own insurance company. Before you receive your compensation, various procedures have to be undertaken. The insurance company will require you to disclose your medical records, and if there are any witnesses, they will be required to give statements on the matter.
What happens if you can’t settle with your insurance company?
If both parties fail to reach an agreement, unlike in other claims where you can resolve to sue an underinsured driver, you will have to refer your matter to arbitration for underinsured and uninsured coverage claims. The best thing about the arbitration process is that the arbitrator is a neutral party whose decision is influenced by facts and evidence and not by the parties. When the arbitrator in your case reaches a decision whether in your favor or against you, the decision will be held as binding and should be complied with by both parties.
Just like litigation, the arbitration process requires lots of due diligence and, for this reason, always ensure you hire a lawyer to act on your behalf.