When a car accident exceeds the at-fault driver’s insurance limits, an underinsured motorist (UIM) claim allows the victim to seek additional compensation from their own insurance policy.
To file a UIM claim, you must prove the other driver’s fault, show that their insurance is insufficient, and provide documentation of your damages, such as medical bills and property damage.
An experienced West Virginia car accident lawyer can investigate your accident circumstances, negotiate with your insurance company, and ensure that you receive the maximum compensation possible. They can also represent you in court if necessary, protecting your rights and securing a fair settlement for your losses.
How Do Most Car Accidents Happen?
Car accidents resulting from another driver’s negligence happen all too often and can lead to serious injuries or even fatalities. There are several common causes of these accidents that result from a driver’s careless actions or poor decision-making.
One of the most frequent causes is distracted driving, which occurs when a driver’s attention is diverted from the road. Activities such as texting, talking on the phone, eating, or adjusting the radio are all forms of distraction. When a driver is not focused on the road, they may miss important signs or fail to react to changes in traffic, increasing the chances of a crash.
Another major cause of accidents is driving under the influence (DUI), which includes both alcohol and drugs. Alcohol impairs judgment, reaction time, and coordination, making it much harder for drivers to respond to dangerous situations. Driving while under the influence of drugs – whether prescription, over-the-counter, or illegal – can have similar effects, further endangering everyone on the road.
Speeding is another common reason for car accidents. When drivers exceed speed limits or drive too fast for road conditions, they reduce their ability to stop in time to avoid a collision. High speeds also increase the severity of an accident if one does occur, making injuries more likely to be severe or even life-threatening.
Reckless driving is another cause of accidents. Reckless driving includes behaviors like tailgating, changing lanes without signaling, running red lights, or making illegal turns. Drivers who are reckless often fail to follow basic traffic laws, putting themselves and others at risk.
Furthermore, weather conditions can lead to accidents due to driver negligence. When roads are wet, icy, or foggy, some drivers may still travel at unsafe speeds or fail to adjust their driving to the conditions. This behavior can cause loss of control or difficulty stopping in time.
Finally, fatigue is a growing problem. Drivers who are tired may struggle to stay alert and make poor decisions, leading to serious accidents.
What Are the Most Frequent Injuries in Car Crashes?
Car crashes can result in a wide range of physical and mental injuries, some of which are immediately apparent, while others may not show up until days or even weeks later. These injuries vary in severity, but both physical and mental harm can have long-lasting effects on victims.
Physical injuries are often the most obvious result of a car accident. One of the most common injuries is whiplash, a soft tissue injury that occurs when the head and neck suddenly jerk forward and backward. Whiplash can cause neck pain, stiffness, headaches, and even dizziness. In more severe cases, it can lead to chronic pain or long-term mobility issues.
Broken bones are another frequent injury in car accidents. Fractures to the arms, legs, ribs, or pelvis are most common – especially in high-speed crashes or collisions where the victim is thrown from their vehicle. Fractures can range from less severe breaks to more complex fractures that require surgery and long recovery times.
Head injuries can also be severe, including concussions or traumatic brain injuries (TBIs). A concussion is a form of brain injury resulting from a blow to the head or rapid shaking, while a TBI can result in more serious brain damage. Both types of injuries can lead to headaches, memory problems, difficulty concentrating, and, in some cases, long-term cognitive impairment or personality changes.
Spinal cord injuries are another devastating result of car accidents. These injuries can lead to paralysis, either partial or complete, and often require long-term medical care and rehabilitation. Victims of severe spinal cord injuries may lose the ability to walk or feel sensation below the point of injury.
In addition to physical injuries, mental health injuries can have a profound effect on victims. Post-traumatic stress disorder (PTSD) is common among survivors of car accidents, especially if the crash was particularly violent or traumatic. PTSD can lead to flashbacks, nightmares, anxiety, and a heightened state of alertness.
Depression is another common mental health issue that can follow a car crash, particularly for individuals who experience long-term physical pain or are unable to return to their normal activities. Feelings of hopelessness, isolation, and loss of interest in daily life can significantly affect a victim’s quality of life.
Finally, anxiety disorders may develop as a result of a car crash. Victims may develop a fear of driving or riding in vehicles, which can severely limit their ability to function normally in daily life.
What Is an Underinsured Motorist Claim?
An UIM claim is a type of insurance claim that a driver can file when they are involved in an accident with another driver who does not have enough insurance coverage to fully pay for the victim’s damages. While most states require drivers to carry liability insurance, sometimes, the at-fault driver’s coverage is not sufficient to cover medical expenses, lost income, and property damage. In such cases, the injured party may turn to their own insurance policy to seek compensation through their UIM coverage.
UIM coverage is designed to protect the policyholder when the at-fault driver’s insurance is insufficient to cover the costs of the accident. For example, if the other driver has a $25,000 policy limit but the accident causes $50,000 in damages, the victim can file a UIM claim to make up the $25,000 difference, depending on their own policy terms.
To file an underinsured motorist claim, the injured party must meet certain legal elements of proof. These elements help demonstrate that the victim is entitled to receive compensation under their own policy. The following are the key elements of proof needed:
- Proof of the Other Driver’s Fault – The first step in an underinsured motorist claim is to establish that the other driver was at fault in the accident. This proof can include police reports, witness testimony, or other evidence showing that the other driver was negligent or reckless, such as running a red light or failing to yield.
- Proof of the Other Driver’s Insurance Limits – To prove that the at-fault driver is underinsured, you must show that their insurance coverage is not enough to cover the full extent of your damages. You can establish that the at-fault driver is underinsured by obtaining a copy of their insurance policy, which will show their liability limits.
- Proof of Your Own Damage – You must also provide evidence of the damages you sustained in the accident. This evidence can include medical records, bills, repair costs for property damage, and records of lost earnings. The more detailed and thorough this documentation is, the stronger your case will be.
- Proof of Your Own UIM Coverage – Finally, you must show that you have underinsured motorist coverage on your own policy, which involves providing a copy of the insurance policy and verifying the terms, limits, and coverage available.
How Can a Lawyer Help with an Underinsured Motorist Claim?
When dealing with an underinsured motorist claim, an attorney can ensure that victims receive the compensation they deserve. UIM claims can be difficult to handle, involving multiple layers of insurance and legal procedures. An attorney will guide the process, protect the victim’s rights, and fight to maximize the settlement or award they receive. Here are several ways that a knowledgeable lawyer can assist with a UIM claim:
Investigating the Accident
One of the first things an experienced lawyer will do is thoroughly investigate the accident. This investigation includes gathering evidence such as police reports, witness statements, photographs of the scene, and any available video footage. This information is critical in establishing the other driver’s fault and supporting the victim’s case for damages. If necessary, the attorney may also work with accident reconstruction experts to build a convincing case.
Determining the Extent of Damages
A lawyer can also evaluate the full extent of the damages resulting from the accident. These damages include not only medical bills and property damage but also lost income, future medical expenses, and non-economic damages such as pain and suffering. A skilled attorney will know how to properly calculate these damages, ensuring that the victim’s claim reflects the true cost of the accident.
Negotiating with Insurance Companies
Dealing with insurance companies can be challenging. Even if you have UIM coverage, the insurance company may try to offer a low settlement or deny the claim altogether. An experienced attorney will handle negotiations with the insurance company on the victim’s behalf, using their knowledge of insurance practices to ensure that the victim is treated fairly. They will advocate for a higher settlement and work to avoid a situation where the victim receives less compensation than they are entitled to.
Filing Legal Documents and Meeting Deadlines
UIM claims involve a lot of paperwork, including filing the necessary claims with the insurance company, gathering supporting documentation, and, if necessary, preparing for a lawsuit. An attorney will handle all the legal paperwork and ensure that everything is filed on time, which is crucial for avoiding delays or dismissals.
Representing the Victim in Court
If the insurance company refuses to settle fairly, the lawyer can file a lawsuit and represent the victim in court. They will present evidence, question witnesses, and argue the case before a judge or jury. Having a lawyer with trial experience is important because they know how to litigate a case and fight for the victim’s best interests.
Maximizing Compensation
A skilled attorney’s goal is to maximize the victim’s compensation. They will work to ensure that all available insurance options are explored, including both the at-fault driver’s policy and the victim’s own UIM coverage. Attorneys are also skilled at identifying other sources of compensation, such as third-party claims or other applicable insurance policies.
What Damages Can You Recover?
In a UIM claim, the goal is to recover compensation for the damages resulting from an accident – especially when the at-fault driver’s insurance is insufficient. When pursuing a UIM claim, you can recover several types of damages, depending on the circumstances of the accident and the extent of your injuries. Below are some common damages you may be entitled to recover:
- Medical Expenses – One of the primary losses in a UIM claim is medical expenses. These expenses include the cost of immediate treatment, hospital stays, surgeries, doctor’s visits, physical therapy, and any future medical care needed due to the accident. If the at-fault driver’s insurance is not enough to cover these costs, your UIM coverage can help pay the difference. It’s important to keep detailed records of all medical expenses because they are crucial in supporting your claim.
- Lost income – If the injuries from the accident cause you to miss work, you can seek compensation for lost income. This type of damage includes not only your regular salary but also any bonuses, commissions, or other compensation you would have earned had you been able to work. If your injuries are severe enough that you are unable to return to your previous job or career, you may also be entitled to compensation for loss of earning capacity.
- Pain and Suffering – Pain and suffering refer to the physical and emotional distress the accident caused, including both the immediate pain from injuries and the long-term effect on your quality of life. Pain and suffering can also account for the emotional toll the accident takes, such as anxiety, depression, or PTSD. Unlike medical expenses or lost earnings, pain and suffering are more subjective, so a judge or jury often determines the compensation amount.
- Property Damage – If your vehicle or other personal property was damaged in the accident, you can seek compensation for property damage. Compensation for this damage includes the cost of repairing or replacing your vehicle, as well as any personal items inside the car that were damaged in the crash, such as electronics or belongings.
- Future Medical Costs – In cases of severe injury, you may be entitled to compensation for future medical costs. This compensation can cover ongoing treatment, therapy, surgeries, or assistive devices that you will need in the long term. An attorney can calculate these future costs based on your medical prognosis.
- Loss of Consortium – In certain cases, the spouse of an injured victim may seek loss of consortium damages, which compensates for the loss of companionship, intimacy, or support that the spouse suffers due to injuries the victim sustained in the accident.
Call an Experienced Car Accident Lawyer in Your Area Today
If you suffered injuries in a motor vehicle accident where the at-fault driver was underinsured, you have legal options available. A knowledgeable West Virginia personal injury attorney at the Robinette Legal Group, PLLC can go over those options with you, file an underinsured motorist claim on your behalf, and aggressively advocate for the compensation you deserve.
