Q: When dealing with underinsured motorist how do I get my policy to pay. My coverage is the same as at fault party
I was not at fault and pregnant. Lost wages was 49,000 however their policy only covers 25,000
A: There will be separate adjusters for their liability and your UM coverage Once the other driver's policy coverage limit has been tendered in writing, you will be able to access any additional coverage you have that exceeds the limits of that policy. Your UM coverage gets a credit for the $25,000 of liability coverage. Hopefully you have $100,000 or more.
Unfortunately, your recovery from liability insurance is limited to $25,000. If you have the same limits on your own policy, your insurance won't pay anything on top of it (as they have no exposure). But there could be other applicable policies. For example, if you live with a family member who have separate insurance policy, their policy will cover you.
The experienced personal injury attorney will be able to do a research and find out if there are any additional policies that could be applicable.
A: My (self-serving) answer is that getting an attorney to represent you is the customary best way to most efficiently handle your claim and get the insurance company to pay. My recommendation is that you contact a few injury attorneys in your area --most will provide a free initial consultation--I know mine does-------discuss your matter and detail and find out what they think are your realistic options and then hire the one with whom you are most comfortable. Good luck.
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