The first reaction people have when involved in an accident with an uninsured or underinsured motorists is typically they immediately assume they don’t have a prayer; there are no options. Though that is the initial response, which is a misconception. If they are well-insured they absolutely have a right to recover against their own policies.
One positive thing it is if you file the UM or UIM with your own insurance company they will usually sue the at fault party for you so there are a couple of options. You can let the insurance company handle it or you can join the lawsuit with your own attorney and request a larger recovery above and beyond your own underinsured/uninsured coverage.
What Generally Are the Outcomes for Your Clients in these Cases?
The outcome usually results in some form of settlement but the reason why it does that is because the defendants won’t try a case they are going to lose, for the most part, particularly, if there are big damages. They won’t try that case and the same thing goes for the plaintiffs.
The cases, generally, are resolved prior to court and because there are flaws, usually in both sides. The normal resolution is a settlement.
One additional thing to keep in mind regarding UM/UIM is that your uninsured policy covers all of the resident relatives in your house. Let’s use the word, “in your house” loosely in the sense because they don’t actually have to be in your house but they have to be a resident relative. So this would include your children who may be away at college, for example. Residency is determined as to where you actually live and where you intend to reside permanently. If you are away at college and you are in an accident, if somebody doesn’t have enough insurance, you may be able to go under your parents’ policy.
For more information on Top Misconceptions Regarding UM/UIM, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling ((301) 892-6007 today.