Sean | April 16, 2024
What Happens If I Get Injured in an Accident with an Underinsured Driver?
Motorists frequently cause accidents when they violate standard traffic laws or drive recklessly or carelessly. In these situations, drivers and passengers on the receiving end may suffer debilitating injuries that leave them incapacitated for an extended time, and sometimes permanently. Moreover, in some situations, at-fault drivers may not have sufficient insurance coverage in place to compensate for an injured accident victim’s medical expenses, lost earnings, or pain and suffering. In that situation, the accident victim may be eligible to file an underinsured motorist claim or lawsuit.
In an underinsured motorist claim, the accident victim must normally exhaust the at-fault driver’s insurance policy coverage limits. Then, they can turn to their own motor vehicle insurance coverage by way of an underinsured motorist claim. If their insurance company does not compensate them fairly, then they can file an underinsured motorist lawsuit, naming the insurance company as the at-fault entity – or defendant.
A skilled car accident attorney in your jurisdiction can determine if you may be eligible to file a claim or lawsuit for underinsured motorist compensation. Your lawyer can then manage every step of the process for you, ensuring that you receive the fair recovery you deserve.
Types of Car Accidents That Underinsured Drivers May Cause
Car accidents that underinsured drivers cause can vary in severity and type, often resulting in significant damage and potential injuries. Understanding the most common types of accidents they may cause is crucial for both prevention and navigating insurance claims.
One prevalent type of accident is a head-on collision. This occurs when two vehicles traveling in opposite directions crash into each other’s front ends. Head-on collisions often result in severe injuries and fatalities due to the force of impact being concentrated at the front of the vehicles. Underinsured drivers involved in head-on collisions may struggle to cover the extensive damages and medical expenses the victims incurred.
Sideswipe accidents are another common occurrence, especially on multi-lane roads or highways. These accidents happen when the side of one vehicle collides with the side of another vehicle traveling in the same direction. Sideswipe accidents can lead to property damage, injuries, and sometimes even rollover accidents if one of the vehicles loses control. Underinsured drivers may face challenges in compensating for the damages such accidents cause.
Rear-end collisions occur when one vehicle crashes into the back of another vehicle. These accidents often happen due to tailgating, distracted driving, or sudden stops. Rear-end collisions can result in whiplash injuries, vehicle damage, and legal liabilities for the underinsured driver. Victims of rear-end collisions may require medical treatment and vehicle repairs, which can strain the resources of underinsured drivers.
Broadside accidents, also known as T-bone collisions, involve one vehicle crashing into the side of another vehicle, forming a “T” shape. These accidents frequently occur at intersections when one driver fails to yield the right-of-way or runs a red light. Broadside accidents can cause catastrophic injuries, especially to occupants on the side of the collision impact. Underinsured drivers may find it challenging to cover the medical expenses and legal fees associated with broadside accidents.
In all of these scenarios, underinsured drivers may face financial repercussions beyond their insurance coverage limits. Victims of accidents that underinsured drivers caused may pursue legal action to seek compensation for their losses. Additionally, underinsured motorist coverage can provide an additional layer of protection for drivers who are involved in accidents with underinsured motorists.
Injuries in Car Accidents Involving Underinsured Drivers
Car accidents, in general, can result in a range of injuries, both physical and mental, requiring various types of medical treatment. Understanding these potential injuries is crucial for victims to seek appropriate care and compensation.
Physical injuries common in car accidents include whiplash, which occurs when the neck snaps back and forth rapidly upon impact. Whiplash can cause neck pain, stiffness, headaches, and even cognitive issues. Other common physical injuries include cuts, bruises, broken bones, spinal cord injuries, and traumatic brain injuries. These injuries may require immediate medical attention, surgery, physical therapy, or long-term rehabilitation.
Soft tissue injuries, such as strains, sprains, and contusions, are also prevalent in car accidents. These injuries can lead to chronic pain and limited mobility, requiring ongoing medical treatment and management. In severe cases, soft tissue injuries may result in permanent disability.
Mental injuries, often referred to as psychological or emotional trauma, are also significant consequences of car accidents. Victims may experience post-traumatic stress disorder (PTSD), anxiety, depression, or phobias related to driving or being in vehicles. These mental health issues can significantly affect the victim’s quality of life and may require therapy, counseling, or medication to manage.
Treatment for injuries sustained in car accidents can vary depending on the severity and type of injury. Immediate medical care may include emergency room treatment, diagnostic tests, and pain management. Follow-up care may involve visits to specialists such as orthopedists, neurologists, or physical therapists. Psychological treatment may include counseling, cognitive-behavioral therapy, or medication.
In addition to medical treatment, victims of car accidents caused by underinsured motorists may face financial challenges. Medical expenses, including hospital bills, doctor’s fees, and rehabilitation costs, can quickly accumulate. Lost income due to time off work for recovery or disability may further strain the victim’s finances.
Navigating insurance claims and legal processes can add to the stress and complexity of the situation. Seeking appropriate medical care and legal guidance is essential for recovering from traumatic events and obtaining fair compensation for the injuries and damages suffered.
How Can a Lawyer Help with an Underinsured Motorist Claim?
An experienced car accident lawyer can be invaluable in helping accident victims navigate the complexities of an underinsured motorist claim. These legal professionals have the knowledge and experience to guide victims through the process and advocate for their rights against insurance companies.
First, a car accident lawyer can assess the victim’s case to determine the best course of action. They can review the details of the accident, gather evidence, and evaluate the extent of the victim’s damages, including medical expenses, lost income, and pain and suffering. This thorough assessment ensures that the victim pursues the maximum compensation to which they are entitled under the law.
When dealing with insurance companies, a skilled lawyer can handle communication on behalf of the victim. Insurance companies often employ tactics to minimize payouts or deny claims altogether. An experienced lawyer knows how to counter these tactics and negotiate with insurance adjusters to achieve a fair settlement. They can also handle all paperwork and documentation required for the claim, relieving the victim of the burden of dealing with bureaucratic red tape.
In cases where the at-fault driver is underinsured, a car accident lawyer can help the victim access additional compensation through their own insurance policy’s underinsured motorist coverage. This coverage is designed to protect policyholders in the event of accidents with drivers who have insufficient insurance to cover the damages. However, insurance companies may still try to dispute or undervalue underinsured motorist claims. A lawyer can fight back against these tactics and ensure that the victim receives the full benefits to which they are entitled under their policy.
Furthermore, if the parties cannot reach a fair settlement through negotiations with insurance companies, a car accident lawyer can represent the victim in court. They can file a lawsuit on the victim’s behalf and zealously advocate for the victim’s interests in front of a judge and jury. Strong legal representation increases the likelihood of a favorable outcome for the victim – whether through an insurance company settlement or a jury verdict.
An experienced car accident lawyer plays a crucial role in helping accident victims handle underinsured motorist claims. From thoroughly evaluating the case to aggressively negotiating with insurance companies to representing the victim in court, these legal professionals provide invaluable support and advocacy every step of the way.
How To Prove an Underinsured Motorist Claim or Lawsuit
In an underinsured motorist claim, there are several legal elements of proof that the victim must establish to recover compensation for their damages. These elements typically revolve around demonstrating that the underinsured driver was at fault for the accident and that the victim’s injuries and losses resulted from the accident.
One key element is establishing liability, which involves proving that the underinsured driver breached their duty of care to drive safely. Showing that the driver acted negligently, such as by speeding, running a red light, or driving while distracted, can demonstrate this breach of duty. An attorney for the victim may use eyewitness testimony, police reports, and accident reconstruction experts to support the victim’s claim of liability.
Another essential element is establishing causation, which requires demonstrating that the accident involving the underinsured motorist directly caused the victim’s injuries and losses. Medical records, expert testimony, and documentation of the victim’s injuries and treatment can help establish this causal connection.
In addition to proving liability and causation, accident victims must also demonstrate the full extent of their damages. This includes providing evidence of medical expenses, lost income, property damage, and pain and suffering resulting from the accident. An attorney will use financial records, medical bills, employment records, and testimony from medical experts and vocational specialists to support the victim’s claim for damages.
When pursuing compensation through underinsured motorist coverage, victims must also satisfy the legal elements of a breach of contract claim. Underinsured motorist coverage is a type of insurance contract between the policyholder and their insurance company. To recover compensation under this coverage, the victim must demonstrate that the underinsured driver’s insurance policy limits were insufficient to cover their damages and that the victim’s own insurance policy provides coverage for underinsured motorist claims.
To establish a breach of contract claim, the victim must show that they fulfilled their obligations under the insurance policy, such as paying premiums and complying with policy terms, and that the insurance company failed to fulfill its obligation to provide coverage for underinsured motorist claims. This may involve reviewing the terms and conditions of the insurance policy, as well as correspondence and communications with the insurance company regarding the claim.
Successfully proving an underinsured motorist claim requires careful attention to these legal elements of proof, as well as thorough documentation and evidence to support the victim’s case. Working with an experienced car accident lawyer can be invaluable in navigating the complexities of these legal requirements and advocating for the victim’s rights.
Recovering Damages in an Underinsured Motorist Claim or Lawsuit
Car accident victims pursuing an underinsured motorist claim or lawsuit may seek various types of financial damages to compensate for their losses and injuries. These damages consist of two main categories: economic damages and non-economic damages.
- Economic Damages — Economic damages are tangible losses that can be easily quantified and typically include medical expenses, such as hospital bills, doctor’s fees, medication costs, and rehabilitation expenses. Victims may also seek compensation for lost income resulting from their injuries, as well as property damage to their vehicle or other belongings.
- Non-economic Damages — Non-economic damages, on the other hand, are more subjective and relate to intangible losses such as mental anguish, pain and suffering, emotional distress, and lost quality of life. These damages are often more challenging to calculate but are equally important in compensating victims for the physical and emotional toll of the accident.
Several factors may affect the types and amounts of recoverable damages in an underinsured motorist claim or lawsuit. One crucial factor is the severity and extent of the victim’s injuries. More severe injuries that require extensive medical treatment and rehabilitation are likely to result in higher medical expenses and lost income, thus increasing the overall value of the claim.
The duration and repercussions of the victim’s injuries on their daily life and ability to work may also influence the amount of non-economic damages awarded. For example, if the victim suffers from chronic pain, permanent disability, or emotional trauma as a result of the accident, they may be entitled to higher compensation for pain and suffering and lost quality of life.
In addition, the insurance policy limits of both the at-fault driver and the victim’s own insurance coverage can affect the types and amounts of recoverable damages. If the at-fault driver’s insurance policy limits are insufficient to cover the victim’s damages, the victim may turn to their own underinsured motorist coverage for additional compensation.
Overall, the types and amounts of monetary damages recoverable in an underinsured motorist claim or lawsuit depend on various factors, including the nature and extent of the victim’s injuries, insurance policy limits, and legal considerations. Seeking guidance from an experienced car accident lawyer can help victims understand their rights and pursue fair compensation for their losses.
Speak with a Car Accident Attorney Today
If you sustained injuries in a motor vehicle accident that an uninsured or underinsured motorist caused, you have legal rights and options available. A skilled personal injury attorney in your jurisdiction can determine the best possible options for your case and can guide you through the process of filing an uninsured or underinsured motorist claim or lawsuit. Throughout the process, your attorney will aggressively deal with insurance companies on your behalf and litigate your case to a fair resolution in the state court system.
