Uninsured & Underinsured Motorist
An uninsured motorist claim is a contractual claim against your insurance company for injuries received because the other driver responsible for the accident did not have insurance. In other words, if the other driver has no insurance, your insurance company provides coverages for the damages that you would have ordinarily been able to recover. The liability of the other driver must be established and damages proving just like any other type of personal injury claim. However, the statute of limitations is not two years but rather four years from the date of the denial of the claim by your insurance carrier. There are specific requirements that you must follow in regards to the contractual obligations of your policy to ensure that you receive full coverage under the underinsured portion of your policy.
Underinsured coverage under your policy comes into effect when the liability insurance coverage of the responsible driver is insufficient to cover all the damages that have occurred. This type of coverage does not come into effect until the liability coverage of the responsible driver is exhausted. There are special requirements in regards to Med Pay and or PIP payments previously made in regards to both uninsured and underinsured coverages. In some instances there is a right of offset.
Med Pay and PIP insurance coverages under your own policy are very similar to each other as to what they cover. They cover all medical bills and up to 80% of your loss time from your employment up to a limit generally speaking, $2500. The difference between the two types of coverage is the PIP insurance coverage is statutory with no right of reimbursement if the liability coverage policy plays. However med pay coverage is a creature of the contract and must be reimbursed if there is a recovery from the liability carrier of the responsible driver.
This is your story and your right to have lived pain free. Represent it.