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The driver that hit me is underinsured. How do I go after my insurance company since I set my policy limits at $100K?

La Porte, IN |

My underinsured and medical policy limits are set at $100k. The other motorist was underinsured. I have compensatory damages and pain and suffering. I am still in treatment for an accident that occurred 4/10. How do I go after my own insurance company and dig into my policy limits necessary to compensate me for my loss? From what I have been told, it would be fruitless to sue the other driver civilly as they have nothing...

Attorney Answers 5


  1. Please permit me to answer, but defer to an Indiana attorney.

    There conditions under the laws of every state and pursuant to your policy for you to properly make a claim. You have been injured, and from your post, quite significantly. I strongly recommend you handle this matter correctly and retain an attorney.

    No disrespect, but you do not have the knowledge, expertise or experience to be on par with the insurance company. Personal injury law is no different than any other aspect of life; you get what you pay for and discounts are typically just that.

    Search Avvo, call your state's trial lawyers association, ask someone you trust and respect, interview a few attorneys and hire the one you are most comfortable with and confident in.

    Good luck.


  2. Each state and each insurance policy is going to have its own definition of what constitutes an "underinsured motorist." You will likely want to work with an attorney to determine or verify whether the driver who hit you indeed qualifies as an "underinsured motorist" under your particular law and policy.

    Assuming the driver who hit you meets the definition of "underinsured motorist" and your damages (for example your medical expenses, wage loss, pain and suffering, etc.) exceed the insurance available to that driver, then you may pursue an underinsured motorist, often called UIM, claim under your policy.

    Many insurance companies have time requirements as to when a claim must be reported to the company, so be sure to review your policy and comply with any such requirements.

    I will echo the previous post in recommending you confer with an attorney to be sure you are following the proper steps to maximize your recovery. Best of luck.


  3. The other attorney is correct in advising you to contact a local attorney to handle this matter. I too am not licensed in your state, but I can tell you that a lot of people in your situation will want to handle their own claim because they don't recognize the value in paying an attorney to handle the claim for them.
    The truth of the matter is that generally, and by rule, insurance companies will do what they can to save money paying claims. They will use your lack of experience to offer you far less than the value of your case, and while you may even think the offer is good---it is likely that by hiring an experienced personal injury attorney, that your recovery will be greater, even after paying the attorney.

    Most attorneys work on contingency fees, and if they handle auto accidents will know exactly how to qualify you for an uninsured motorist claim.


  4. The other attorney is correct in advising you to contact a local attorney to handle this matter. I too am not licensed in your state, but I can tell you that a lot of people in your situation will want to handle their own claim because they don't recognize the value in paying an attorney to handle the claim for them.
    The truth of the matter is that generally, and by rule, insurance companies will do what they can to save money paying claims. They will use your lack of experience to offer you far less than the value of your case, and while you may even think the offer is good---it is likely that by hiring an experienced personal injury attorney, that your recovery will be greater, even after paying the attorney.

    Most attorneys work on contingency fees, and if they handle auto accidents will know exactly how to qualify you for an uninsured motorist claim.


  5. Your company technically has subrogation rights against the initial insurance policy. Make sure you do not sign a release with the initial company without written permission from your company. If you do, you will be in breach of your insurance company which theoretically could be grounds for lowering or eliminating your payment. Bottom line is there are too many pitfalls here, find a qualified attorney.

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