I was rear ended by a car and their insurance wants to settle but its not the max. I was wondering if i can make a claim against my insurance under un insured motorist to make up the difference
Quick answer is NO. Underinsured motorist only applies if your coverage is higher than the third-party's liability policy. If you want the $15k you will need to file suit.
No. How is an $11,000 payment on an insurance policy worth $15k ($4000 more) being “under” insured?
As the other attorneys have stated, if you state that your case is worth less than the BI (Bodily Injury) liability limits that the at-fault party carries, why do you think your insurance company would consider an UM (Underinsured Motorist) injury claim?
Short and sweet answer is no.
If you do not already have an attorney, you should consult with one in your area as soon as possible to go over all of your legal options. The attorney can review your case to see if the $11,000.00 offer is a fair and reasonable one before you decide to settle your injury claim and sign a release, which will extinguish any further rights you have against the at-fault party.
You can use the “Find a lawyer” link at the top of the screen for the names of some attorneys near you.
Your question assumes that the $11k "final" offer is reasonable. I recommend you consult with a personal injury lawyer to discuss your case. In my experience, it is not uncommon for insurance companies who offer "15/30" policies (we refer to these companies as non-standard insurance companies) to low ball. There are strategies that can be used to make the insurance company pay the policy assuming your case is worth the policy limit, which is why I would talk to a personal injury lawyer. Further, there are strategies that can be implemented to get the insurance company in hot water if it unreasonably fails to pay the policy. In a recent case, an insurance company unreasonably refused to pay the $15,000 policy limit and because of its mistake, it ended up paying $75,000 later on. A personal injury lawyer will also help you decide the value of your case and if you have an underinsured motorist claim (assuming you have coverage).
1. To answer your question, it depends on what your medical billing is like. This will determine if you can file a claim against your own automobile insurance carrier if you have underinsured motorist coverage.
2. At this point in time, and in the future, do not communicate with the opposing party's automobile insurance carrier. The opposing party's automobile insurance carrier does not have your best interest(s) at mind and at heart. You need to consult with and hire a licensed California Personal Injury Attorney.
3. Assuming that the automobile accident occurred in the State of California, in which city and county did the automobile accident occur?
4. On what date did the automobile accident occur?
5. Was there a police report made/filed?
6. You need to keep in mind that there may be on outstanding lien or outstanding liens that you may be responsible and accountable for to reimburse...
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