What are Uninsured Motorist Claims and Why Do I Need a Lawyer for Them?
September 12, 2024 | Accidents
Car accidents can result in severe injuries and significant property damage. In Nebraska, you can pursue the at-fault driver for compensation for damages you have incurred as a result of the car accident. Nebraska law requires all drivers to carry auto insurance. What happens when you are involved in an accident with an uninsured or underinsured driver? Below, we look at uninsured motorist claims and why you should hire an attorney to represent you.
What are Uninsured Motorist Claims?
The law in Nebraska requires all motorists to have insurance. The law stipulates the type of insurance and the minimum amount of coverage that different drivers ought to have. However, not every driver in the state adheres to these requirements. A study by the Insurance Research Council revealed that up to 6.8 percent of licensed drivers in Nebraska are uninsured. This means that more than 97,000 drivers on Nebraska roads are driving without insurance. The risk of being involved in a car accident with an uninsured driver in Nebraska is therefore quite high. It makes sense to protect yourself. This is where uninsured motorist coverage comes in.
One of the requirements of Nebraska car insurance laws is that every driver should also have uninsured and underinsured motorist coverage (UM/UIM). The minimum requirements for this coverage are $50,000 per accident and $25,000 per person. This insurance policy is designed to provide you with compensation for damages suffered in an accident with an uninsured driver or underinsured driver. The policy will also cover your damages for a hit and run accident in which the other driver cannot be identified. This is because underinsured or uninsured motorists cannot compensate you for your damages.
UM/UIM provides coverage for:
- Medical expenses – this includes hospital bills, rehabilitation and even ongoing care if necessary.
- Lost wages – if you’re unable to work due to your injuries, UM coverage can compensate you for the income you lose during recovery.
- Pain and suffering – in some cases, you may be compensated for non-economic damages such as pain and suffering.
Why You Need a Lawyer for an Uninsured Motorist Claim
UM/UIM insurance cover is designed to protect you when in an accident involving a driver who cannot compensate you for your damages. However, actually recovering the compensation you deserve can be quite challenging and frustrating. It helps to have a lawyer fighting in your corner.
Some of the many benefits of working with an experienced attorney include:
- Guidance on the complexities of insurance policies
Insurance policies are notoriously complex. They are filled with legal jargon and fine print that can be difficult to interpret. Understanding what your policy covers including the limits that apply and how to file a claim properly can be difficult. It often requires a deep understanding of insurance law. A lawyer can review your policy, explain your rights and help you navigate the claim process.
- Dealing with insurance companies
Even though you’re dealing with your own insurance company, that doesn’t mean the process will be easy. Insurance companies are businesses like any other. They therefore aim to make a profit and minimize their costs. This means that they may try to reduce your claim, delay repayment or even deny the claim altogether. An experienced lawyer can advocate on your behalf. They will ensure that the insurance company treats you fairly and that you receive the full amount you’re entitled to under your policy.
- Proving fault and damages
In order to successfully file an uninsured motorist claim, you must prove that the other driver was at fault and that you suffered damages as a result. This can involve gathering evidence from the accident scene, obtaining witness statements and working with experts to demonstrate the extent of your injuries and financial losses. A lawyer can handle this investigative work, ensuring that your claim is supported by strong, compelling evidence.
- Maximizing your compensation
As mentioned earlier, insurance companies will do what they can to minimize their losses. They may employ tactics such as making low initial offers or delaying the processing of claims in the hope of lowering the payout. Without legal representation, you may settle for less than what you’re entitled to. A lawyer with experience in uninsured motorist claims knows how to negotiate effectively, ensuring that you receive a fair settlement that fully covers your damages.
- Peace of mind
Navigating an uninsured motorist claim can be stressful, especially if you’re dealing with injuries and financial strain. Having a lawyer on your side gives you peace of mind, knowing that a professional is handling the legal aspects of your claim. They can answer your questions, keep you informed about the process of your case and handle any complications that arise.
Conclusion
If you find yourself involved in an accident with an uninsured or underinsured driver, don’t hesitate to consult with us, High & Younes, LLC. We will provide you with the guidance and support you need for a favorable outcome in your case.
Uninsured Motorist Claims