It is complicated issues such as these that make seeking the advice of a Missouri car accident attorney of utmost importance as soon as you are involved in a collision.
It seems unfair. You insure your car with a reputable company and make sure to pay your premiums on time. You drive safely and have a clean driving record. Then one day, bang… you are hit from behind by an uninsured or under-insured motorist.
What are your options?
Car insurance is meant to help recover losses sustained in a car accident. In most instances the insurance company of the driver found to be at fault for the accident pays for all damages and medical expenses that result from the collision. So what happens when the at-fault driver does not have any or adequate coverage?
Figuring out what to do next can be confusing. A good Missouri car accident attorney can study your case in depth to determine the best course of action. If they see that the offending driver has assets and available funds they may advise you to file a personal injury claim against them in civil court. If they determine that this would not be beneficial, because there is no viable way for the defendant to pay, then you may have to file with your own insurance company. This is unfortunate as it may count against you and raise your premiums even though you did not choose to collide with someone irresponsible.
Filing a lawsuit against a company that in the past has served you is not an easy task. Sometimes it is first necessary to file a breach of contract suit. Missouri car accident lawyers know that in most instances the insurance company is going to fight hard against these claims. They are expecting solid proof not just of your injury and damage to your car, but also hard evidence that the other motorist was in fact lax in their own coverage.
The wording of your policy and whether or not there are any limits set will determine the amount that may be awarded to you. A Missouri car accident attorney who is familiar with and deals primarily with un-insured or under-insured car accident cases will know best how to read the language of your policy and fight for you to get you all of the compensation you deserve.
For example, one recent case involved a woman who suffered from a herniated disc after a collision with an under-insured motorist. After exhausting the drivers insurance and getting their client the maximum allowed by his policy, they then pursued a case against her own insurance company to help pay the difference. Her insurance claimed that the settlement was more than adequate but her attorney was able to prove that her injuries were a direct result of the accident and the insurance company decided to settle before going to trial.
Missouri Car Accident Lawyer
It is complicated issues such as these that make seeking the advice of a Missouri car accident attorney of utmost importance as soon as you are involved in a collision.
Each individual case is different.
At The Hoffmann Law Firm we give attention to detail in each individual case. We can evaluate your case for free and help you determine what the best course of action will be in your case.
Call us today at (314) 361-4242 or contact us online.
photo credit: State Farm