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.
Tim Akpinar agrees with this answer
A:
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.
Tim Akpinar agrees with this answer
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.
Tim Akpinar agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
