What is rarely discussed are the steps you need to take to receive compensation from a motorist who is uninsured and/or underinsured.
In general, when you file a car insurance claim, the process can quickly become adversarial. Car insurance claims often turn into tortuous disputes over things such as collision damage assessments, travel expenses, rental cars, and personal injury protection benefits. Insurance claims departments are not known for receiving accolades from their customers. In most instances, though, these types of claims are, albeit not perfectly, resolved.
In more complicated and serious car accidents, both insurers and claimants quickly lawyer up. In states like Florida, Texas, Nevada, Louisiana, Alabama, Arizona, New Mexico where at least 20% of drivers lack insurance, your underinsured motorist coverage becomes crucial. Although it’s optional, this coverage protects you if the at-fault driver’s insurance falls short. For example, if you’re in Texas and your damages total $100,000 while the other driver’s policy covers only $10,000, your underinsured motorist coverage can cover the remaining $90,000, up to your policy limits.
However, when you file a claim under this coverage, your insurer essentially becomes the at-fault driver’s insurer. They will handle your claim separately, using their own adjuster and lawyer, to ensure the legitimacy of your claim and to determine if the at-fault driver has other insurance or assets.
The Legal Process for Uninsured and Underinsured Motorist Claims
1. Initial Claim Submission
When you are involved in an accident with an uninsured or underinsured driver, your first step is to file a claim with your own insurance company under your uninsured/underinsured motorist coverage. Your insurer will open a separate claim file specifically for this coverage.
2. Investigation and Assessment
Your insurer will conduct an investigation to confirm:
- You were not at fault for the accident.
- Your personal injury claims and damages are legitimate.
- The at-fault driver is indeed uninsured or underinsured and lacks sufficient assets or additional insurance to cover your damages.
- This process involves reviewing accident reports, medical records, and any other evidence related to your claim.
3. Legal representation
Typically, your insurer will assign a dedicated adjuster and a lawyer to handle the case. While this lawyer represents the interests of the insurance company, they will work to validate your claim, ensuring all aspects are properly documented and justified.
4. Legal Action Against the At-Fault Driver
If the insurer determines that the at-fault driver’s insurance is insufficient and the claim exceeds your policy limits, they may insist you pursue legal action. This might involve:
- Filing a Lawsuit: You may need to initiate a lawsuit in the jurisdiction where the accident occurred. This requires filing legal documents and potentially appearing in court.
- Seeking Judgement: The court will evaluate the case to determine the extent of damages and whether the at-fault driver has any assets that can be used to cover your losses.
5. Cross-Border Legal Complexities
Cross-border accidents introduce additional challenges:
- Jurisdictional Issues: You will need a lawyer to navigate the legal systems of both your home state or province and the location of the accident.
- Currency and legal differences: Variations in currency, legal standards, and statutory limitations can affect your case.
- Coordination Between Jurisdictions: Effective coordination between legal representatives and insurers in different regions is crucial to ensure that all aspects of your case are addressed appropriately.
6. Resolution and Recovery
- Settlement: Reach a settlement with the at-fault driver or their insurer if they have any assets or additional coverage.
- Payout: Provide compensation to you under your underinsured motorist coverage up to the limits of your policy.
Throughout this process, it is crucial to have comprehensive expert legal support, especially in these complex cross-border cases.
For snowbirds and travelers, navigating these complexities can be challenging. If you encounter issues with uninsured or underinsured motorist coverage, or need assistance with a cross-border accident,
Cross border accidents and claims are very complicated—when help is needed, call the free snowbird hotline.” Use phone number and email.
We specialize in handling these intricate situations and are here to support you.
Helping Snowbirds Injured Across North America
For over 40 years, we’ve been helping Canadians involved in car accidents and other personal injury incidents while traveling in the United States. Each year, millions of snowbirds-residents from Canada (and the northern U.S.A) – head south to escape the cold. Unfortunately, accidents happen. When they do we are here to help navigate the legal and insurance challenges that arise.
Cross Border Accidents and claims are very complicated!
Call the Free Snowbird Helpline 1-800-587-6992
Or Email – snowbirdaccidents@yahoo.com,
Or https://snowbirdaccidents.com/contact/
