Ricky was driving through an intersection with a green light when another driver, distracted by their phone, ran a red light and crashed into his car. The other driver admitted fault, taking responsibility for the accident.
Pre-Existing Condition Worsened
Ricky already had a history of neck problems before the accident, but the collision significantly worsened his condition. Everyday activities like turning or bending his neck became far more difficult. However, Ricky didn’t seek medical treatment immediately after the accident. Weeks later, he visited his regular doctor, who had been treating him for his neck issues before the crash.
Building the Case
Over a year after the accident, Ricky underwent an MRI, which showed that his condition had deteriorated significantly compared to an MRI he’d had six years earlier. Soon after, Ricky had neck surgery. Armed with these medical records, my office sent a demand to the at-fault driver’s insurance company. When they delayed, we filed a lawsuit, which finally prompted them to offer a settlement.
Settlement with the At-Fault Driver’s Insurance
We secured the policy limits from the at-fault driver’s insurance—a six-figure settlement. But it wasn’t enough. Ricky’s damages far exceeded the other driver’s coverage limits. Fortunately, Ricky had Underinsured Motorist Coverage (UIM) on his auto insurance policy.
What is Underinsured Motorist Coverage?
Underinsured motorist coverage helps protect you financially when the at-fault driver’s insurance isn’t sufficient to cover your damages. This type of coverage can fill the gap, ensuring you’re compensated for your injuries, lost wages, and other damages.
Pursuing Underinsured Motorist Coverage
Since we had already included Ricky’s UIM carrier as a defendant in the lawsuit, we were well-positioned to negotiate with them. After settling with the at-fault driver’s insurance, we sent a demand to Ricky’s UIM carrier for the policy limits under his coverage.
The result? Ricky’s insurance company paid the six-figure policy limits without much delay. By pursuing his UIM coverage, Ricky received the compensation he deserved for his injuries and losses.
Why You Should Consider UIM Coverage
Ricky’s story underscores the importance of underinsured motorist coverage. Accidents involving underinsured drivers are all too common. Adding this coverage to your policy can protect you and your loved ones financially, ensuring you’re not left footing the bill for someone else’s negligence.
Final Thoughts
If the at-fault driver’s insurance doesn’t fully cover your damages, suing your own insurance for more through your UIM coverage is a smart move. Ricky’s case demonstrates how this approach can lead to significant additional compensation.
Disclaimer: This blog is not legal advice. Always consult a lawyer for guidance on your specific situation.
