Q: “What happens if I’m involved in an accident with an underinsured or uninsured motorist?

A: If you have uninsured motorist coverage, your injuries and damages should be covered under that policy. Because Michigan is a no-fault state, your own insurance would be your first resource for compensation regardless of the other motorists coverage. This type of policy will also protect you in the case of a “hit and run” accident. There is a distinct difference between underinsured motorists and motorists who have no insurance coverage at all. A personal injury attorney familiar with automobile accident cases will be able to help you obtain the maximum coverage available to you in both cases.

When dealing with uninsured motorists, you are seeking compensation from your own insurance company through your uninsured motorist policy. These types of cases can occur when someone has illegally been driving without insurance, or in the case of a hit and run accident. In these cases, your insurance company may be hesitant to cover all your expenses, and having a personal injury attorney on your side will greatly increase the chances that you are given a full and fair settlement. In order to claim uninsured motorist coverage, you must be able to prove that the other driver was at fault and that he or she did not have insurance of any kind.

Accidents involving underinsured motorists can be even more complicated, because multiple insurance companies will be involved. If you are injured by a driver who has elected to purchase only the bare minimum amount of insurance required by law, their coverage may not be sufficient to cover your full expenses. If the party at fault does not have enough insurance coverage to fully compensate you for your injuries, your insurance company may be responsible for damages that are greater than the other parties insurance limits. An automobile accident personal injury lawyer will be able to help you negotiate between the two or more insurance companies and help you claim the maximum owed to you by both companies.

Q: “How will I collect my benefits?”

A: You must prove to your insurance company that you have suffered damages, physical injuries or property damage. You must then prove that the other driver was directly responsible for your injuries, and that their insurance either does not exist or does not fully cover your injuries. In the case of an underinsured driver, you must collect the full amount owed to you by the other driver’s policy limits before seeking additional compensation from your own insurance. An automobile accident attorney can help you through this process.

Remember, do not accept any payment from an underinsured driver’s insurance company until you have consulted with a personal injury attorney. Some insurance companies have hidden clauses that can keep them from paying an underinsured motorist policy if a settlement has already been reached with the other driver’s insurance company. Don’t make this costly mistake. Be sure to consult an automobile accident attorney before settling any portion of your claim with either insurance company. Only an experienced personal injury lawyer familiar with automobile accident cases can ensure the best results available to you.

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