Minimum Coverage Insurers Play Fast and Loose with the Claims Process
Suppose that both drivers involved in your accident are insured. Coverage is generally good news because, in most insured cases, there will be at least some amount of money available to compensate you for your injuries and financial losses once you are successful in bringing your claim. But most drivers with “cut-rate” insurance coverage carry minimum liability amounts. Many of these damage claims fall under the general category of uninsured motorist (UM) and underinsured motorist (UIM). If you carry coverage on your policy to reimburse you for damages when hit by one of these motorists, your insurance company can end up being an opponent because they have many strategies and excuses that can lead to a denial of your rightful claim.
Those state-mandated insurance coverage minimums are called “30/60/25.” Each number is in thousands. The 30 is bodily injury per person, the 60 is bodily injury per accident, and the 25 is property damage (the value of the vehicle that was hit). Such policies typically fail to reimburse your family for a wrongful death loss fully. Notice there is no provision for pain and suffering or other survivor damages. Because the money is theoretically available through the negligent driver’s policy doesn’t necessarily mean that you will be able to easily recover it, especially if the negligent driver carries minimum coverage.
Additionally, just because insurance money is theoretically available to compensate you, doesn’t mean that money will be easy to get your hands on. The simple fact when it comes to these firms honoring claims is that few minimum coverage insurance companies pay fully and quickly. Many of them drag their feet when it’s time to pay up. In just about any accident claim or civil case where an insurance company is involved, you will meet opposition. You’ll be up against aggressive adjusters, accident recreation specialists, defense attorneys, and other investigative specialists who all work to make sure that you lose your case: and they keep their money.
Then there’s the 25 percent chance (at least!) that the driver whose negligence caused your wreck was uninsured. Hopefully, you have uninsured motorist coverage on your policy. That doesn’t relieve that driver from compensating you, or that he’ll pay the difference between what his policy covers and your actual damages: the difference coming out of his pocket. It certainly doesn’t necessarily guarantee that your carrier will come through for you, even if you have UM/UIM coverage on your policy.
Aside from the possibility of the other driver being uninsured, that negligent defendant will probably be judged liable for directly paying your damages. So your primary interest is in whether this driver who hit you is solvent. If a defendant is insolvent, it means that he or she does not have enough money to compensate you for your injuries, pain, suffering, and other legal damages. When a defendant is insolvent, there’s little value in pursuing litigation against him, no matter how strong your case is. It is a sad reality that some accident victims are unable to recover compensation from insolvent defendants.
The time after being seriously injured in a car accident is often stressful and confusing to the victims and their families. Don’t add to the stress and confusion by letting an inexperienced attorney handle your case or represent yourself when you are unqualified to look out for your or your family’s best interests. We are uniquely qualified and fully prepared to fight for and win the fairest compensation for your total damage claims. If you or someone you know was injured in a car accident, contact an attorney at our Law Offices today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.