In Florida, uninsured motorist coverage (UM) is an auto insurance add-on. It’s not legally required. So many drivers who carry UM coverage expect their car insurance company to automatically pay for an uninsured motorist claim. Unfortunately, that’s not always the case.
Recovering benefits from your insurance policy is not a guarantee. Some insurers use stalling tactics to delay or avoid paying legitimate claims. Our attorneys at the Law Offices of Anidjar & Levine are available to help you claim the benefits laid out by your UM policy. Call us today at 1-888-494-0430.
For a free legal consultation, call (800) 747-3733
How Do I Prove My Uninsured Motorist Claim?
Florida law requires all drivers to have $10,000 in Personal Injury Protection (PIP) coverage. This coverage is meant to provide up to $10,000 in medical expenses and lost wages to injured car accident victims. The at-fault driver’s bodily injury liability insurance may cover any damages beyond the $10,000.
However, some of these at-fault drivers do not have auto insurance or do not have enough insurance to cover your remaining costs. If you get in a car crash with one of these drivers, you will need to file a claim for uninsured motorist/underinsured motorist (UM/UIM) benefits. For your claim to be accepted you will have to prove that you are entitled to UM/UIM benefits following a collision.
Provide Proof of UM/UIM Coverage
UM/UIM coverage can protect you if you sustain injuries in an accident with an uninsured or underinsured motorist. This coverage allows you to recover money from your car insurance company when the at-fault driver in your accident does not have coverage. It may be possible to stack UM/UIM coverage so that people with coverage on more than one car can seek compensation under the coverage for both vehicles.
Drivers may hear the phrase “full coverage” and assume they have UM/UIM coverage included in their policy. However, if you have full coverage, this only means that you meet the minimum Florida requirements of PIP insurance and property damage coverage. Our car accident lawyers can review your policy and make sure that it includes UM/UIM coverage.
Obligations of Your UM/UIM Coverage
Car insurance companies often say they denied a claim due to a lack of cooperation or lack of payment. To receive UM/UIM benefits, we will need to show that you have met the obligations of the contract you hold with your insurance.
These obligations include:
- Paying in full and on time
- Cooperating with your insurer’s investigation
- Agreeing to an examination under oath (EUO)
After you file your claim, your insurance company will conduct their own investigation before accepting or denying it. Your cooperation will help the process go more smoothly. An alternative to an EUO is an independent medical examination (IME) by a physician of your insurer’s choice. Our team of Florida personal injury attorneys can help you understand the claims process.
What if the Other Driver Was At-Fault?
You don’t need to establish fault for PIP benefits, but you do for UM/UIM benefits. Insurers deny many UM/UIM claims when they find the alleged “at-fault” driver is not responsible for the accident. You will need to provide strong evidence to show that the other driver was at-fault for the accident that caused your injuries.
To prove the other driver was at-fault, we need to show that they acted negligently and their negligence caused your accident. Drivers must operate their vehicles responsibly and abide by all traffic laws.
A driver breaches this duty by:
- Drunk driving
If the other driver’s irresponsible driving caused the accident, they are at-fault and should be liable for damages. To establish that the other driver was at-fault, your personal injury lawyer will provide your insurer with photos, witness statements, videos, and other documentation relating to the accident.
Cause of Injury and Need for Compensation
Your insurance company may claim that your injuries resulted from a pre-existing condition or that they are not severe enough to warrant compensation. It is our job to make sure that we provide your insurer with the medical documentation necessary to prove that the crash caused your injuries and that they are serious.
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Call Us Today for Help With Your UM/UIM Claim
The attorneys at Anidjar & Levine can assist you with filing your claim and the appeals process if needed. If your insurer refuses to pay your damages, we may consider filing a legal claim against them. To discuss the details of your case, contact us at 1-888-494-0430.