What If I Get Involved In An Auto Accident
With An Uninsured or Underinsured Defendant?
Every state has a law that requires motorists to have some type of automobile insurance. This is known as the state minimum automobile insurance requirement. Even with strict minimum insurance laws, many drivers still do not have any insurance coverage or are underinsured. When an uninsured or underinsured motorist is involved in an accident, the lack of coverage can cause hardship for any person who suffers an injury as a result of the accident. It is up to you to have proper insurance coverage in the event that the motorist who caused your injuries is uninsured or insufficiently insured with enough coverage to properly compensate you for injuries sustained. The Pennsylvania auto accident lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling uninsured and underinsured motorist cases since 1979.
The Insurance Research Council (IRC) reports that 14% of all drivers were uninsured . Pennsylvania had a reported 9% of uninsured motorists, which is much higher now especially in the city of Philadelphia. The reason why so many drivers do not have proper insurance is economical. As economic conditions continue to deteriorate, it is likely that there will be a growing epidemic of uninsured and underinsured motorists on the roadways. Many drivers cannot afford even the minimum amount of coverage required by state law. It also costs money for the state to enforce the state minimum coverage law. Some states are starting to take action to prevent uninsured drivers on the road. In California, a new bill enacts a provision that would require drivers to register their insurance coverage or else have their license plates removed. Removing the plates will still allow a limit of how many days one could drive without a plate, but after that the vehicle will be impounded if driven without a plate. While this system may have some loopholes, it’s a step in the right direction for drivers to maintain minimum insurance coverage.
In addition to being uninsured, a motorist who is liable for an accident and underinsured may prevent an injured party from receiving proper remedies because their coverage limits might be too low. To be able to collect for damages from the underinsured or uninsured motorist, there is an option to collect from your insurance company if you have purchased the policy option to do so. This option compensates the difference between the injury suffered and the liability covered by the insurance of the uninsured/underinsured driver. The policy option to be compensated for injuries from an uninsured or underinsured driver include: medical bills and lost wages; pain, suffering and disfigurement; emotional distress; and loss of future earning capacity. This does not include damages to your car or punitive damages.
Having coverage against underinsured or uninsured drivers is a must, but remember that your insurance company is not your friend. Our underinsured motorist accident lawyers have had experience in handling thousands of automobile crash cases for approximately 30 years and have revealed that insurance companies will tell you anything to sell you the policy and collect premiums, but when it comes time to pay out a claim watch out. A recent study by the American Association for Justice (AAJ) identified the top ten worst insurance companies. Topping the list was Allstate, and other companies listed include AIG, State Farm, Farmers, and Liberty Mutual. The study reports that insurance companies raise premiums, deny claims, and refuse to pay to those who need it the most. The strategy insurance companies use to keep from paying on claims is “deny, delay, defend.” This means the insurance company will deny the claim, delay payouts, or use aggressive litigation to deny the claim. Insurance companies are a business. Like all businesses, their aim is to make higher profits and raise the premiums you pay.
When an insurance company fails to live up to their part of the bargain, you may have a claim against the insurance company for breach of contract or bad faith. It is important that if you are denied your claim, to seek legal assistance as soon as possible.
If you are ever in an accident: (1) remain at the scene of the accident and check on the other vehicle’s driver to exchange information or if they need medical attention; (2) call the police and be sure to get a copy of the accident report; (3) obtain as many witness as possible; (4) take as many notes about the accident as possible, including pictures; and (5) seek medical attention to have your injuries, if any, evaluated.
There are three important factors to automobile accidents: (1) establishing liability; (2) establishing damages; and (3) determining where to collect the damages. Philadelphia personal injury and uninsured/underinsured motorist lawyer Jeffrey Reiff and the experienced Pennsylvania auto accident attorneys at Reiff and Bily will examine the facts, evaluate your claim, determine which parties and insurance companies are responsible, and organize all of the details of preparing and presenting your case and will represent you aggressively to ensure that you are properly compensated.
The Pennsylvania underinsured/uninsured motorist and personal injury lawyers at Reiff and Bily work on a contingent fee basis, charging a small percentage of the recovery. They will not get paid one cent unless there is a successful recovery. They have handled a multitude of automobile accidents and have successfully recovered in excess of $150 million dollars from their opponents for physical injuries and emotional damages.
If you are in need of an attorney because you or someone you love has suffered a serious injury as a result of an automobile accident involving an underinsured or uninsured motorist, please call the experienced Pennsylvania personal injury lawyers at the law firm of Reiff and Bily.
