What Happens When the At-Fault Driver Is Underinsured?

A serious crash can create additional financial questions when the at-fault driver’s liability coverage is not enough to address the losses involved. If you are dealing with an underinsured driver in Florida, your own car accident insurance, including any available uninsured/underinsured motorist coverage, may affect what additional recovery options exist. In this blog, Hicks & Motto explains how an underinsured motorist claim may work and what coverage should be reviewed after the accident.

Understanding Underinsured Motorist Coverage

Before diving into the specifics of dealing with an underinsured driver, it’s important to understand what underinsured motorist (UIM) coverage is. In states like Florida, where the number of drivers without adequate insurance is significant, having UIM coverage can be a lifesaver.

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage is a type of car insurance that protects you if you’re involved in an accident with a driver who doesn’t have enough insurance to compensate for your damages. This coverage can help pay for your medical expenses, lost wages, and other damages that the at-fault driver’s insurance cannot cover.

Why Is UIM Coverage Important?

Since Florida is a no-fault state, drivers are required to carry personal injury protection (PIP) insurance. However, this doesn’t always cover all expenses, especially in severe accidents. If the at-fault driver’s liability insurance is insufficient, your UIM coverage can step in to fill the gap, providing an extra layer of financial protection.

Steps to Take When the At-Fault Driver Is Underinsured

If you find yourself in an accident with an underinsured driver, follow these steps to ensure you’re adequately protected:

1. Gather Information: Start by collecting all necessary information from the at-fault driver, including their insurance details, contact information, and vehicle registration.
2. File a Police Report: Always report the accident to the police, no matter how minor it seems. A police report can be useful documentation when filing insurance claims.
3. Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible. They can guide you on the next steps and how to initiate an underinsured motorist claim.
4. Seek Medical Attention: Even if you feel fine, get a medical evaluation. Injuries from car accidents can be latent, and having a medical record will support your claim.
5. Consult with a Legal Professional: Consider consulting with a law firm like Hicks & Motto Law Firm to understand your rights and options. They can help review the claim of underinsured motorists.

Filing an Underinsured Motorist Claim

Filing a UM UIM claim in Florida can be a complex process. Here are key considerations:

Eligibility for a UM UIM Claim

To file an underinsured motorist claim, you must have UIM coverage included in your car insurance policy. If you’re unsure about your coverage, check with your insurance provider like Hicks & Motto Law Firm to confirm the details.

The Claim Process

Once you’ve established that you have UIM coverage, the claim process typically involves:

• Submitting Documentation: Provide your insurance company with all relevant documents, including the police report, medical bills, and any correspondence with the at-fault driver’s insurance company.
• Insurance Investigation: Your insurance company will investigate the claim to determine the extent of the underinsured driver’s liability and the damages you’ve incurred.
• Settlement Negotiation: Your insurer will negotiate a settlement based on the investigation’s findings and your policy limits.

Additional Coverage Options

Besides UIM coverage, there are other insurance options that can help protect you in the event of an accident with an underinsured driver in Florida:

Personal Injury Protection (PIP)

As previously mentioned, Florida requires drivers to carry PIP insurance, which covers medical expenses and lost wages regardless of who is at fault. However, PIP has limits and may not cover all your expenses in a severe accident.

Collision Coverage

Collision coverage can help pay for repairs to your vehicle after an accident, regardless of fault. This coverage is particularly beneficial if the underinsured driver’s liability limits are too low to cover your vehicle repairs.

Medical Payments Coverage

Medical payments coverage, also known as MedPay, can help pay for medical expenses incurred by you and your passengers following an accident. This coverage is valuable because it can provide additional benefits left by PIP and health insurance.

How to Protect Yourself from Underinsured Drivers

While you can’t control other drivers’ insurance coverage, there are steps you can take to protect yourself:

• Review Your Insurance Policy: Regularly review your insurance policy to ensure you have adequate UIM coverage.
• Consider Additional Coverage: Purchase additional coverage options, such as collision or MedPay, to enhance your protection.
• Drive Defensively: Practicing defensive driving can reduce your risk of being involved in an accident.

Dealing with an underinsured driver can be challenging, but understanding your insurance options and rights can help you understand the available options. Make sure you have adequate UIM coverage and consider additional insurance options to protect yourself financially. If you’re ever in doubt, consulting with a professional, like those at Hicks & Motto Law Firm, can provide the guidance you need in pursuing your claim.

Injured in a crash where the at-fault driver may not have enough liability insurance? Contact Hicks & Motto to discuss an underinsured motorist claim, your car accident insurance, available UM/UIM coverage, and the options that may apply to a UM UIM claim Florida case.