How to Pursue a Claim Under Your “Uninsured Motorist Coverage”

Unfortunately, not every driver on the road has adequate auto insurance as required by law. If an uninsured or underinsured motorist is at fault for a motor vehicle collision you are involved in and you sustain injuries, seeking recovery from your own uninsured or underinsured auto motorist coverage may be your only viable option to seek financial compensation for your injuries.

If you are injured in a vehicle collision involving an uninsured driver that has either allowed their policy to lapse or never obtained adequate coverage to begin with, your claim against the driver’s insurance company will likely be denied and will either need to initiate suit against the driver personally (however, oftentimes the driver has little to no assets to seek recovery from) or seek recovery from your own auto insurance uninsured motorist coverage.

Just as in a typical bodily injury claim against a defendant’s insurance company, the adjustor handling your uninsured motorist claim on behalf of your insurance company will ask to be provided with your “demand.” Your demand will include proof of the injuries you sustained from the collision, medical treatment received and the costs of these services, proof of wage loss, your claim of pain and suffering, and any other out-of-pocket expenses you may have incurred from the collision. In addition, the adjustor will typically ask you to provide proof that the defendant was uninsured at the time of the collision.

After providing this proof, you can then seek to negotiate a settlement with your insurance company. Your insurance company has a duty to be fair. If you need assistance with an uninsured motorist claim or have any questions, please our office at 626-577-7700.


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