Archive for the ‘underinsured motorist case’ tag

Uninsured and Underinsured Motorist Case: Taking on Your Own Insurance Company

November 4th, 2015 at 7:00 am

underinsured motorist case, personal injury claim, Westport Personal Injury LawyerOne of the few factors that can make a car accident even worse is finding out that the person who caused the accident was not insured.

Even though Connecticut drivers are legally required to have car insurance when operating a motor vehicle, many still drive without insurance. Drivers may have insurance; however, their coverage may not be enough to cover all of the damages they caused. In cases like these, you may have to turn to your own uninsured or underinsured motorist policy for protection. Sometimes, this means fighting with your own insurance company about your damages.

How Uninsured and Underinsured Motorist Policies Work

When buying car insurance, you have the option of adding protection against other drivers who either do not carry insurance or do not have enough insurance to cover all of the damage they cause. This usually only costs a little extra a month.

In a typical car accident when the other driver is at fault you file a claim with the other driver’s insurance company. When the driver does not have insurance, or the insurance is inadequate, you file a claim with your insurance company under your uninsured or underinsured motorist policy.

On the surface, things should work the same way they would if there was another insurance company involved. However, some policies have obscure provisions that can make getting your compensation tougher than expected.

What You Must Prove to Make a Successful Claim

Insurance companies are not in the business of paying more money than they have to. Even your insurance company may try and find reasons not to pay out your claim, or to pay out less than you deserve.

If you want to make a successful uninsured or underinsured motorist claim you will need to prove:

  • Who was at fault for the accident;
  • You suffered injuries because of the actions of the at fault driver;
  • The amount of damages you suffered as a result of the actions of the other driver;
  • That no other at fault driver has insurance that you can make a claim against; or
  • That all other insurance has been exhausted.

Personal injury law is complicated. The insurance adjustor handling your case has likely dealt with hundreds, if not thousands, of car accidents. You need to get help before making an insurance claim.

If you or someone you love has been hurt in a car accident, protect your rights and contact a knowledgeable and experienced Westport personal injury lawyer right away. Call Richard H. Raphael, Attorney at Law, at 203-226-6168 to schedule a consultation today.


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