Underinsured motorist claims arise when the at fault driver has insurance, but not enough to fully cover your injuries and damages. In these situations, you may be able to recover additional compensation through your own insurance policy.
Even though coverage exists, these claims are often disputed and can involve complex issues related to policy limits and valuation of damages.
What Is Underinsured Motorist Coverage
Underinsured motorist coverage is designed to fill the gap when the at fault driver’s insurance is insufficient.
This coverage may apply when:
- The other driver has insurance, but low policy limits
- Your injuries exceed the available coverage
- The at fault driver’s insurer pays out their policy limits
You may then pursue additional compensation through your own policy.
For a broader overview, see Injury Claim Insurance Disputes in Philadelphia.
How Underinsured Motorist Claims Work
These claims typically involve two stages.
First:
- You pursue a claim against the at fault driver’s insurance
- The insurer pays up to the policy limits
Then:
- You make a claim under your own underinsured motorist coverage
- You seek compensation for damages that exceed those limits
This process requires careful coordination to protect your right to recover additional benefits.
Common Issues in Underinsured Motorist Claims
Underinsured motorist claims often involve disputes with your own insurance company.
Common issues include:
- Disagreements over the value of your injuries
- Arguments that the initial settlement was sufficient
- Challenges to medical treatment or necessity
- Disputes over policy language
- Delays in processing the claim
Even though you are dealing with your own insurer, they may still try to minimize the payout.
Consent to Settle Requirements
Many policies require you to obtain your insurer’s consent before accepting a settlement from the at fault driver’s insurance.
This is important because:
- Accepting a settlement without consent may affect your coverage
- Your insurer may want to preserve its rights against the at fault driver
- Failing to follow policy requirements can create disputes
Understanding these requirements is critical before resolving the initial claim.
Proving Your Damages
To recover under underinsured motorist coverage, you must show that your damages exceed the at fault driver’s policy limits.
Important evidence includes:
- Medical records and treatment history
- Documentation of lost income
- Evidence of long term or permanent injuries
- Proof of pain and suffering
The strength of your documentation can significantly affect the outcome of the claim.
What Compensation Is Available
Underinsured motorist claims may allow recovery for:
- Medical expenses
- Lost wages
- Pain and suffering
- Future medical care
The total recovery will depend on your policy limits and the extent of your injuries.
Disputes With Your Own Insurance Company
As with uninsured motorist claims, disputes are common even when coverage exists.
Insurance companies may:
- Offer less than the claim is worth
- Delay payment
- Dispute the severity of injuries
- Deny portions of the claim
In some cases, these actions may rise to the level of bad faith.
For more on improper conduct, see Bad Faith Insurance Claims in Pennsylvania.
Do I Have an Underinsured Motorist Claim
You may have a valid claim if:
- The at fault driver’s insurance was not enough to cover your damages
- You have underinsured motorist coverage
- You can show the full extent of your injuries
- You followed policy requirements
These claims are often more complex than standard injury cases and require careful handling.
Philadelphia Underinsured Motorist Lawyer
Underinsured motorist claims often involve disputes over valuation and policy interpretation. Insurance companies may attempt to limit their exposure even when additional compensation is owed.
Our firm handles injury claims involving underinsured drivers, disputed coverage, and insurance company misconduct throughout Philadelphia.
If you were injured and the at fault driver’s insurance was not enough, you can contact us to discuss your situation and understand your options.
Related Pages
- Injury Claim Insurance Disputes in Philadelphia
- Bad Faith Insurance Claims in Pennsylvania
- Denied Injury Claims
- Uninsured Motorist Claims
- Disputes Over Policy Limits
- Delays in Injury Claim Payments