When you’re injured in a car accident, you probably expect that the at-fault driver’s insurance will cover your medical bills and property damage. But it’s possible the at-fault driver was an underinsured or uninsured motorist and doesn’t have enough coverage to pay for your injuries and damages.
If the at-fault driver doesn’t have enough insurance to cover your bills, you still have options. The skilled Missouri car accident lawyers at Peterson Law Firm can explore other avenues for recovery, including your own underinsured motorist coverage or pursuing a personal injury lawsuit. Here, we explain required car insurance coverage in Missouri and what you can do if you’re injured by someone who is underinsured.
Injured by an Underinsured Driver: Your Options
When you’re involved in an accident and the at-fault driver does not have a policy with enough insurance to fully cover the amount you need to cover all damages and expenses, you still have options, including the following:
Using Your Own Underinsured Motorist Coverage (UIM)
When you purchase your car insurance policy, there is an optional “add-on” you can choose that will help you if you’re injured by an underinsured driver. UIM claims work like this: If the at-fault driver’s policy limits don’t cover all your losses, your UIM coverage can be used. For instance, if you have $50,000 in medical bills, but the at-fault driver only has the minimum coverage of $25,000 per person, your UIM coverage can help bridge the $25,000 coverage gap.
Missouri requires UIM coverage to be offered with auto insurance policies, but you can reject this coverage in writing. When you’re injured in an accident with an underinsured driver, you need to review your policy to see if you paid for this protection.
How to File a UIM Claim
- Exhaust the at-fault driver's policy limits first.
- Contact your insurance company that you intend to make a UIM claim. Remember that just because you’ve paid your premiums, it doesn’t mean your insurance company will pay your claim. The attorneys at Peterson Law Firm can help clients present their injury claim for full and fair compensation.
- Provide documentation of your injuries and damages, including photos, medical bills, and lost wages due to time off work.
- Wait for your insurer to evaluate your claim. It can take between 30 – 60 days to review your claim after all the documentation is received. You should follow-up with the insurer to get regular updates every couple of weeks. You may be asked to give additional information, but don’t accept delays without getting an explanation.
- Review any initial offer from the insurance company and see how it compares to your actual damages. If you believe the offer is too low, provide further evidence. This is why hiring an attorney is beneficial—they can negotiate on your behalf and provide the right information to the insurance company. If you’re going to move to arbitration or litigation, it’s best to have legal representation.
UIM coverage typically includes the following:
- Medical bills
- Lost wages due to time needed off work
- Pain and suffering
- Disability or disfigurement
- Future medical needs
Purchasing MedPay
Med Pay is another optional auto insurance coverage in Missouri that you can add to your existing policy. It offers additional financial protection by covering copays and deductibles.
Coverage limits for MedPay typically varies from $1,000 to $10,000. The limit is the total amount that your insurance company will pay for eligible medical expenses for an accident.
There are a variety of reasons you might want to add Med-Pay coverage, including the following:
- Extra coverage. MedPay may cover medical bills that aren’t always covered by your health care insurance, including your deductible, chiropractic care, and prosthetics.
- Fault doesn’t matter. MedPay typically covers you even if you were at fault for the accident. Because of this, MedPay is considered a type of “no-fault” coverage.
- Paid quickly. Usually, MedPay is paid right away, even if your car crash claim is still pending. This can help you pay bills promptly and avoid collection or credit issues.
- No deductible. There’s no deductible for MedPay. This means you might recover the full amount up to the limit you purchased.
- Low cost. You can often purchase MedPay for a low cost. Ask your insurance agent about the price of this additional coverage.
Using Your Own Personal Health Insurance
If the at-fault driver is underinsured, your own personal health insurance plan may cover some medical expenses. These may include an ER visit, doctor appointments, and aftercare, but it won’t cover other damages, such as to your car or to contents inside your car. Additionally, you can submit these bills to your health insurance to possibly help minimize your out-of-pocket medical bills.
Collecting From Personal Assets of the at-Fault Driver
If the at-fault driver’s insurance doesn’t cover your losses, you can consider pursuing their personal assets. This involves filing a lawsuit to obtain a judgment against the driver. You can use this judgment it to seize assets, including real estate or bank accounts. It’s critical to note, however, that it can be challenging to collect on a judgment if the at-fault driver doesn’t have income or assets to garnish.
Contact Peterson Law Firm When You’re Injured by an Underinsured Driver
Dealing with an underinsured motorist can be frustrating, especially when you’re trying to recover from your injuries. And though you don’t have to hire an attorney to file an underinsured motorist claim, having a legal advocate on your side can provide valuable support and guidance.
At Peterson Law Firm, our team of experienced personal injury attorneys will arm you with the right information to help you navigate the claims process with confidence. We can help you understand your insurance coverage, protect your rights, negotiate with the insurance companies, and help secure the fair compensation you deserve for your injuries and losses.
As you recover, remember that you're not alone. Hire experience with Peterson Law Firm. Read our case results to learn how we’ve helped other clients who were injured by an underinsured driver.