What happens when you’re in an accident and the other driver is at fault, but the other driver doesn’t have full coverage, or maybe they don’t have any insurance at all. What can you do? Are you out of luck and just have to accept whatever their insurance company offers? Or do you have other options? Does Underinsured Motorist Coverage take care of these types of situations?
In this FAQ, Gary details what Underinsured Motorist Coverage is, and how it can apply to a potential accident when the other driver doesn’t have full coverage or no coverage at all. If you have any questions about this FAQ, or if you need help with a case involving an accident, call our Personal Injury Lawyers in St. Louis. We don’t charge any fees for our consultations, and we never require any attorneys fees unless we win your claim. Our team can be reached at 314-542-2222 or 618-272-2222.
What is Underinsured Motorist Coverage?
What is underinsured motorist coverage? Well, good question, I get it all the time. So, if you’re injured in a car crash case and the defendant only has a low amount of insurance but your damages are a lot high, you have a claim against your own policy for how much the defendant who hurt you was underinsured.
So, the Missouri and Illinois minimum insurance is $25,000. So, if you’re injured in a car crash case because the defendant violated the rule of the road, acted unsafe and injured you or a family member or a friend, then you’re entitled to a claim against them, and if you settle that case for the full amount of that person’s insurance — you can’t take any less — you can pursue your own claim for the amount that you’re underinsured in that claim.
So, if you have a $100,000 in damages but the defendant only has $25,000 in insurance coverage, you have a claim for that $75,000, that difference against your own insurance company, and we file those cases all the time. You might think that because it’s your own insurance company that insurance company will roll over and pay those easily; we find that not to be the case.
We litigate aggressively, make the demand against the main defendant, get that money, and at the same time, if your damages are extensive — and we have many cases like that, taking care of a lot of folks with great recoveries — we will put your insurance company on notice of the underinsured claim, give them all the documents and information, give them a demand to settle the case if they refused to settle the case. We file suit in Missouri and we file an arbitration action in Illinois. Illinois has mandatory arbitration for those actions. That’s okay, though; we get a decision on that really quickly. In Missouri we file a lawsuit and stay cord on that.
So, it’s important to come right away to a lawyer like me. I’ll personally handle your case. My name’s Gary Burger. You can call me at 3314-542-2222 or 618-272-2222, and 866-599-2222. I’ll personally handle these cases.