Hit-and-run accidents. Individuals driving without insurance. Drivers who shouldn’t even be operating a vehicle. Sound familiar?
These circumstances are becoming a major issue because they occur on a daily basis. Unfortunately, you can’t always rely on other drivers to act morally in these changing times. Having uninsured motorist coverage is the only real way to keep your family and yourself safe.
The crucial question is whether you truly own it, though.
It is difficult to understand how your own auto insurance coverage operates. Insurance companies hardly ever tell you what kind of coverage you really need when you sign up. They simply display a number of boxes, choices, and costs. To be honest, they would prefer that you pay for the least expensive plan that protects them rather than you, thus they don’t provide you advice. They have to offer it to you by law, but that’s all.
This post is for you if you’ve been in a car accident and need assistance from a car accident lawyer who has seen it all. Let’s explain in simple terms all you need to know about uninsured motorist coverage.
What is Uninsured Motorist Coverage?
This is known as “UM” coverage in the insurance industry. Consider it a safety net that you purchase for yourself.
If someone hits you, their insurance usually covers your pain and suffering as well as your medical expenses. What happens, though, if they are uninsured? What happens if their insurance is insufficient? Uninsured motorist coverage comes into play at this point. It puts you in the position of the person who struck you and gives you the money that they ought to have given.
Does My Car’s Damage Get Covered by Uninsured Motorist Coverage?
It does not. This is a common source of misunderstanding. In particular, bodily injury is covered by uninsured motorist coverage. This implies that it covers your pain and suffering as well as hospital stays, operations, and medical visits. Your car’s damage is not covered by uninsured drivers.
Collision coverage often covers damage to your physical vehicle. You should look at your collision coverage rather than your UM policy if your automobile is totaled or damaged.
Is a Rental Car Covered by Uninsured Motorist Coverage?
Nope. Similar to the last response, renting a car is typically an add-on known as “Rental Reimbursement.” The individual(s) inside the vehicle is the main subject of UM coverage, not the vehicle itself. It is there to ensure that you can recover both financially and physically from a severe injury.
Are Uninsured and Underinsured Motorist Coverages Different?
In essence, yes, as the outcome is the same.
- A person who is uninsured has no insurance at all.
- When someone is underinsured, it means they have some insurance (possibly the statutory minimum) but your medical expenses exceed what their coverage will cover.
These are bundled together in most policies. Therefore, your “Underinsured” coverage can fill the gap if you have a $50,000 UM policy and the person who hit you only has $10,000 in coverage.
Are You Required to Have Uninsured Motorist Coverage?
No, you don’t need uninsured motorist coverage. This is the “trap” that a lot of people get into. Because they have “Full Coverage,” drivers believe they are protected. In actuality, “Full Coverage” is a marketing slogan that simply implies you have coverage for your own vehicle in addition to the bare minimum required by law. UM is frequently excluded unless you expressly request it.
How Can I Determine Whether My Auto Insurance Includes UM?
The most crucial stage is this one. You must examine a document known as your Declarations Page (or “Dec Page”) to find out.
It doesn’t provide enough information to simply glance at the small proof-of-insurance card in your glove box. Every six months or a year, your insurance provider sends you a Dec Page, which is a one- or two-page summary of your policy. Search for “UM” or the phrase “Uninsured Motorist.” You are not protected if you notice “-0” or “Rejected” next to those terms.
You can also give your insurance provider a call. I advise all of my clients to do it since it’s really simple. Simply inquire as to whether and how much uninsured motorist coverage you have. You will literally need two minutes.
Is Having Uninsured Motorist Coverage Beneficial?
My response, as a lawyer for auto accidents, is definitely yes. It is the most significant coverage available.
Why? Since it is under your control. If the individual behind you is here illegally and lacks insurance or a license, you have no influence over it. If the individual who hits you is intoxicated and runs away to avoid a DUI, you have no influence over it. However, the level of protection you have for your own family is under your power. In comparison to the extensive protection it offers, UM coverage is typically reasonably priced.
If I Don’t Have Uninsured Motorist Insurance, What Will Happen?
You may be responsible for paying if you are struck by an uninsured person and you do not have UM coverage.
Your health insurance may cover some medical expenses, but it won’t cover lost income due to absences from work. The possibility that your back will be in pain for the rest of your life will not be covered by them. You are basically depending on the “financial responsibility” of someone who didn’t even bother to purchase auto insurance if you don’t have UM. That’s a losing wager.
What Happens If I Was Not Informed About Uninsured Motorist Coverage by the Insurance Company?
In order to get you to join up with them, insurance brokers frequently try to offer you the best deal. They occasionally conceal or omit UM coverage because it raises the cost a little.
The insurance company is required by law to make you an offer. They could be in danger if they didn’t, but they typically use a certain form to hide their tracks. Because everything is automated these days, it is extremely uncommon to encounter a scenario in which UM was not provided.
An Uninsured Motorist Rejection Form: What Is It?
Because UM coverage is so crucial, you must sign a particular document if you refuse UM coverage. It’s known as a Rejection Form. You are saying to the insurance provider, “I know this is important, but I am choosing to save money instead of having this protection,” when you sign this. When I represent a client, I always request a copy of it. I haven’t seen a situation where the insurance company failed to cover its tracks and have this paper signed in years. You may not have even read or comprehended what you were signing because it is typically provided to you electronically.
What Happens If I Don’t Sign a Rejection Form for Uninsured Drivers? Is Uninsured Driver’s Coverage Still Available?
Auto accident attorneys use this “secret” to assist their clients. The court may “create” UM coverage for you if an insurance provider is unable to provide a signed Rejection Form that satisfies the stringent legal standards.
A lawyer may request to view the documentation if you were informed that you do not have UM but you do not recall ever signing a form to refuse it. You might be covered if the insurance company misplaced it or handled it incorrectly.
How Does Having Uninsured Motorist Coverage Operate?
This is how the process operates:
- You had an accident.
- It is the other driver’s fault.
- You discover that the other driver has insufficient or no insurance.
- You submit a claim to your personal insurance provider.
- Your insurance provider “steps in” to provide coverage for the person who struck you.
Will My Insurance Rate Go Up If I Use My Uninsured Motorist Coverage?
It does not. An insurance provider cannot increase your premiums because you filed a claim that wasn’t your fault. Using UM coverage shouldn’t result in an increase in your premiums because it only takes effect when another person causes the crash. You have every right to use this protection as you have been paying for it.
Can My Uninsured Motorist Insurance Be Claimed by Others?
Yes. UM coverage typically accompanies the vehicle and the individual.
- Your UM policy typically covers any passengers in your vehicle if you are struck by an uninsured motorist.
- Even if your family members are struck by a car while walking or riding a bike, they are frequently insured as well.
Is It Possible for Others to File a Claim Under My Uninsured Motorist Insurance Without My Consent?
They have the legal right to request coverage for their injuries under your insurance if they were a passenger in your vehicle at the time of the collision. Since the policy is intended to protect everyone within the car, they don’t necessarily need your “permission.” But don’t worry, this comes from the insurance company you have already paid; it doesn’t come out of your pocket.
When I File a Claim Against My Own Uninsured Motorist Coverage, Do Insurance Companies Handle It Differently?
The unfortunate reality is that your own insurance provider becomes your “adversary” as soon as you file a UM claim.
They want to pay you as little as possible, despite the fact that you have been paying them premiums for years. They will attempt to claim that your discomfort wasn’t caused by the accident or that your injuries aren’t that severe. For this reason, even while doing your own business, having a car accident lawyer is crucial.
Do I Need a Lawyer to File a Claim for My Injuries Under My Own Uninsured Motorist Coverage?
Although it is not necessary, having one is strongly advised. It is far more difficult than most people realize to file an injury claim. Your insurance company may give you a “lowball” settlement because they want to save money. A lawyer is aware of the actual worth of your future suffering and medical expenses. We ensure that the insurance provider handles you fairly.
How Can an Auto Accident Attorney File an Uninsured Motorist Insurance Claim?
I do the heavy lifting when I take on a case:
- Investigation: I establish that the other driver was solely at fault.
- Verification: I look for any insurance coverage that might be accessible.
- Medical Records: To demonstrate the severity of your injuries, I compile all of your medical records and expenses.
- Demand: I give your insurance provider an official “Demand Package.”
- Negotiation/Litigation: To secure you the biggest payout possible, I battle the insurance adjusters and their attorneys.
Final Remarks by Sean McQuaid
In my 26 years as a lawyer, I have encountered hundreds of people who don’t know what uninsured motorist coverage is or whether they have it. Obtaining auto insurance is a confusing procedure overall. After being with one insurance firm for 33 years, I just changed, and I was astounded by how little the insurance companies inform their clients about what they need. I was able to comprehend it now that I am an insurance specialist. However, it is impossible for the common person to comprehend what coverage to obtain and in what quantities. There are only prices and no instructions. It is an awful system and a significant issue. This, in my opinion, is deliberate. If you don’t comprehend or were burned, it’s not your fault.
Today, kindly set aside five minutes. Go to the Declarations Page or go onto your insurance app. Call your insurance agent or company to add UM coverage if it isn’t already included. It’s the greatest present you can give your loved ones.
Don’t go it alone if you’ve already been in an automobile accident and are having trouble interacting with insurance companies. Speak with an expert who is familiar with the system and can defend your rightful recompense.
About the Author: Sean McQuaid is an experienced car accident attorney dedicated to helping victims navigate the complexities of insurance claims and personal injury law.