How Can a Car Accident Lawyer Help Me File a UM/UIM Claim?

September 9, 2024

Getting hurt in a car crash can disrupt your life in many ways. You might be in pain, worried about missing work, and unsure what to do next. One important step is getting help from a car accident lawyer. They know all about the laws and rules for car crashes. A good lawyer can guide you through filing claims, especially tricky ones like uninsured motorist (UM) or underinsured motorist (UIM) claims. Let’s examine how a car accident lawyer can handle these special claims.

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What are UM and UIM Claims?

Handwriting text Insured UninsuredBefore discussing how a lawyer helps, let’s learn what UM and UIM claim. UM stands for uninsured motorist. This means the person who hit you doesn’t have car insurance. UIM is for underinsured motorists. This is when the other driver has some auto insurance but not enough to pay for all your costs from the crash.

These types of claims can be hard to deal with. That’s why having a car accident lawyer is so helpful. They know all the ins and outs of uninsured motorist claims and can fight for you to get the money you need.

Getting Medical Help First

Right after a crash, your health is the most important thing. Go to the doctor or hospital even if you feel okay. Some injuries, like whiplash or concussions, might not show up right away. A doctor can check you over and start treating any problems.

Your car accident lawyer will tell you how important it is to keep all your medical records. These papers show your injuries from the crash and how much your treatment costs. This info helps when it’s time to file your UM or UIM claim.

Why You Need a Car Accident Lawyer

Now, let’s discuss why having a car accident lawyer is important. They do way more than just fill out papers. Here are some ways they can help:

Understanding Your Rights

The world of car insurance and accident claims can be confusing. There are lots of rules and laws that most people don’t know about. A car accident lawyer can explain your rights in a way that’s easy to understand.

For example, did you know that you can stack your UM/UIM coverage in some states? This means you can use coverage from more than one car you own. A lawyer can tell you if this applies to you and how it can help your case.

Figuring Out All Your Damages

When you’re in a car crash, it can cost you in many ways. Some are obvious, like your medical bills or fixing your car. But there are other costs too. You might miss work and lose income. You may need long-term medical care. You might even have pain and suffering that deserves payment.

A car accident lawyer knows how to add up all these costs. They ensure nothing gets left out when it’s time to file your claim. This is important with UM/UIM claims because you want enough money to cover everything.

Dealing with Insurance Companies

Insurance companies can be tough to deal with. They often try to pay as little as they can. This is even more true with UM/UIM claims. The insurance company might try to say your injuries aren’t as bad as you claim. Or they might offer you a quick settlement that’s way less than you deserve.

A car accident lawyer knows all their tricks. They can talk to the insurance company for you and push back against unfair offers. They know how to prove how bad your injuries are and why you deserve more money.

Gathering Evidence

To win your UM/UIM claim, you still need proof that someone else was responsible. Common evidence includes things like:

  • Police reportsBags of Evidence
  • Pictures of the crash scene
  • Witness statements
  • Your medical records
  • Bills for your car repairs

Getting all this evidence can be a major task, especially when trying to improve your physical condition. A car accident lawyer and their team can gather all this evidence for you. They know what’s important and how to use it to make your case stronger.

Explaining UM/UIM Coverage

UM/UIM insurance can be confusing. It’s not always clear how much coverage you have or how it works.

A car accident lawyer can review your policy and explain it. They can tell you exactly what kind of coverage you have and how much money you can get.

This is important because sometimes people don’t know they have this coverage. Your lawyer can ensure you’re using all the insurance benefits you’ve paid for.

Fighting for Fair Payment

Insurance companies often lowball people on their first offer. They hope you’ll just take what they give you because you need money fast. A car accident lawyer knows better. They can figure out how much your claim is worth.

Your lawyer can take them to court if the insurance company doesn’t pay a fair amount. Just knowing you have a lawyer often makes insurance companies offer more money. They know a lawyer won’t let them get away with paying too little.

Handling the Paperwork

There’s a ton of paperwork that goes with UM/UIM claims. There are forms to fill out, deadlines to meet, and lots of back-and-forth with the insurance company. Missing a deadline or filling out a form wrong can hurt your case.

A car accident lawyer handles all this paperwork for you. They know what to file and when. This takes a huge weight off your shoulders so you can focus on getting better.

Proving the Other Driver was Uninsured or Underinsured

Sometimes, it’s unclear if the other driver had insurance or how much they had. Your car accident lawyer can investigate this. They know how to get proof of the other driver’s insurance situation. This is key for UM/UIM claims because you have to show the other driver cannot pay for your damages.

Dealing with Serious Injuries

Car crashes can cause serious injuries. Things like brain injuries, broken bones, or spinal cord damage can change your life forever. A car accident lawyer knows how to handle claims for these serious injuries.

They work with doctors and other professionals to show how bad your injuries are. They can prove how these injuries will affect you in the future, not just right now. This is important for getting enough money to cover long-term care or lost earnings.

Traumatic Brain Injuries

A traumatic brain injury, or TBI, can happen even in a minor crash. You might hit your head on the steering wheel or get whipped around hard. These injuries can cause many problems, like headaches, memory loss, or trouble thinking clearly.

A car accident lawyer knows how to prove these injuries. They work with neurologists to demonstrate how the crash damaged your brain and caused impairment. This helps them fight for more money to cover your care and any work you missed.

Broken Bones

Broken bones are common in car crashes. They can range from simple breaks that heal quickly to compound fractures that require surgery. Open or compound fractures cause the bone to pierce through the skin, creating a significant risk of infection without immediate treatment.

Your car accident lawyer will get all your X-rays and medical reports. They use these to show exactly how bad your fractures are and how long it will take you to get better. This helps them prove the extent of your injuries, expenses, and recovery time.

Spinal Cord Injuries

Spinal cord injuries are some of the worst you can get in a car crash. They can cause paralysis, which means you can’t move parts of your body. This can be temporary or permanent. Either way, it changes your whole life.

A car accident lawyer understands how expensive spinal cord injuries can be. They fight for money to cover things like:

  • Hospital staysMan with inflamed spinal cord injury pain highlighted in glowing red.
  • Surgeries
  • Ongoing medical care
  • Special equipment like wheelchairs
  • Changes to your home to make it wheelchair-friendly
  • Lost income if you can’t work anymore

They also push for money to cover the emotional toll of such an incredible change in your life.

Soft Tissue Injuries

Not all crash injuries are as obvious as broken bones. Soft tissue injuries hurt your body’s muscles, ligaments, and tendons. These injuries can cause much pain and make it hard to do normal activities.

Insurance companies sometimes try to say these injuries aren’t a big deal. But a good car accident lawyer knows better. They can show how these injuries impact your daily life and why you deserve compensation.

Chronic Pain

Sometimes, injuries from a car crash can lead to chronic pain. This means pain that doesn’t go away, even after your injuries have healed. Chronic pain can make working, sleeping, or enjoying your life hard.

A car accident lawyer can help prove your chronic pain is real and related to the crash. They might bring in pain professionals to explain your condition. This can secure compensation for ongoing treatment and the impact on your quality of life.

Mental Health Issues

Car crashes don’t just hurt your body; they can also affect your mind. Many people develop anxiety, depression, or even post-traumatic stress disorder (PTSD) after a bad crash. These mental health issues can be just as debilitating as physical injuries.

Your car accident lawyer will work to get you compensation for mental health treatment, too. They understand that healing your mind is as important as healing your body.

Dealing with Insurance Bad Faith

Sometimes, insurance companies don’t play fair. They might deny your claim without a good reason, take too long to pay you, or offer less than your claim is worth. This behavior constitutes acting in “bad faith.”

A car accident lawyer knows how to spot bad-faith tactics. They can call out the insurance company for these unfair practices. Sometimes, they can even sue the insurance company for acting in bad faith. This can secure additional money beyond what you receive for your injuries.

Understanding No-Fault Insurance

No-Fault Insurance written on a sticky noteSome states use “no-fault” car insurance. This means your insurance pays for your medical bills and lost income, no matter who caused the crash. But there are limits to how much they’ll pay.

You might need to file a UM/UIM claim if your costs exceed these limits. A car accident lawyer can explain how no-fault insurance interacts with UM/UIM claims in your state.

Statute of Limitations

There’s a time limit for filing UM/UIM claims. This is called the statute of limitations. If you wait too long, you might lose your chance to get money. A car accident lawyer knows these deadlines and ensures everything gets filed on time.

Negotiating a Settlement

Most UM/UIM claims get settled without going to court. This means your lawyer and the insurance company agree on how much money you should get. A good car accident lawyer is a strong negotiator. They know how to argue for the most money possible.

Your lawyer will explain any settlement offers to you. They’ll tell you if they think it’s a good deal or if you should hold out for more. Accepting a settlement is always yours, but your lawyer’s advice can be extremely helpful.

Going to Court if Needed

Sometimes, the insurance company just won’t offer a fair amount. If this happens, your car accident lawyer might suggest going to court. They will explain this and guide you in deciding if it’s the right choice.

If you do go to court, your lawyer will handle everything. They’ll present your case to a judge or jury and fight for the money you deserve. Having a comfortable lawyer in the courtroom can make a big difference in your case.

Call a Car Accident Lawyer Now

If you’ve been in a car crash, don’t wait. Call a car accident lawyer today. They can answer your questions and clarify your options. With a good lawyer, you can focus on getting better while they handle the rest of your claim.

Don’t let the insurance company push you around. Get a car accident lawyer in your corner and fight for the money you deserve.