I’ve Been in a Car Accident and the At Fault Party is Under-insured Driver
Motor vehicle accidents can happen to even the safest of drivers. In fact, you don’t even have to be driving a car or truck to become involved in a motor vehicle accident. Pedestrians, bicyclists and motorcyclists are also often hit or struck by at-fault automobile drivers on the road. On occasion, the driver of the at-fault vehicle is either uninsured or under-insured. An uninsured driver is one who does not have car insurance. An under-insured driver is one who has insurance, but his or her coverage is insufficient to cover the injuries or damages of the injured party. When you find yourself involved in an accident with an uninsured or under-insured individual, you may be surprised to learn that you may be eligible to seek compensation for your damages from your own insurance provider, assuming you have uninsured and/or under-insured motorist coverage. You most likely do have these types of coverage as part of your vehicle insurance policy.
Under-insured Motorist Coverage
Focusing in on under-insured motorist claims, under Illinois law each driver is required to have under-insured motorist coverage in the event that the policyholder is involved in an accident with a person who has insurance, but not enough to fully compensate the policyholder. This means that the policyholder must file a claim against his or her own insurance provider. The policyholder does not have to be driving an automobile at the time of the accident to be eligible for a claim under his or her under-insured motorist coverage. The policyholder merely has to have a policy that has an under-insured motorist provision included in the policy.
Why Hire an Attorney?
An attorney will examine the facts of the case and investigate each avenue by which compensation can be sought. The attorney will evaluate what happened, and will be able to best assess the damages to which you are entitled. In addition to your own insurer, you may also be able to pursue the negligent driver or other insurers, depending on the circumstances of the accident.
Furthermore, it is highly unlikely that your insurance provider will cooperate with your under-insured motorist coverage claim since you are suing them. Having an experienced attorney on your side will only benefit you during the lawsuit. Their knowledge and expertise will help you navigate through the often complex process for submitting a claim to your own insurance provider, and they will be able to identify the applicable deadlines, provide the appropriate notices, and pilot through the specialized procedures involved in recovering damages via an under-insured motorist coverage claim. It is to your benefit to seek legal counsel when dealing with your own insurance company.
Contacting A Vehicle Accident Attorney
If you have been hit by an at-fault under-insured driver and would like to seek damages from your insurance provider under your under-insured motorist coverage, please contact one of our experienced vehicle accident attorneys at Willens Law Offices today for a free consultation either online or by telephone at 312-957-4166.