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Uninsured Motorist cases most commonly occur when a person is injured in a car accident that was caused by an uninsured motorist. The same principles of negligence that apply to an accident case also apply to uninsured motorist cases. If the accident was the fault of the other driver, your company must assume responsibility for your injury and damages in somewhat the same way as if it insured the at-fault driver. That's what UM coverage does.
An uninsured motorist claim can be commenced with a demand for arbitration. If the parties are unable to agree on the settlement value of the case, then the case can be resolved through arbitration. Often the injured party will be the only one to testify. Both the plaintiff's attorney and the insurance defense lawyer will make opening statements, question the witnesses briefly and make closing arguments. Hearings are held before a mutually agreed upon neutral arbitrator such as a retired judge.
If you have been injured by an uninsured motorist while away from your own car, you may still have an uninsured motorist case. In general, as long as your own coverage is paid up and in place, you can make an uninsured motorist claim for any injury caused by the negligent operation of an uninsured vehicle. For example, a pedestrian crossing the street who is hit by a car driven by an uninsured motorist would still have a claim on the coverage for his own vehicle, even if his car was parked at home when he got hit. A passenger in an uninsured vehicle that collides with another uninsured vehicle would still have an uninsured motorist claim so long as the coverage on his own car was in place. The injured party does not need to be the vehicle owner. Uninsured motorist coverage will cover any family member living in the same household as the insured.
If the person causing the accident was insured but with lower policy limits than the injured party,
and if the value of the case exceeds the lower limits, then under-insured motorist coverage
should be available. Most of the same rules for uninsured motorist coverage apply.
If you have been injured in an accident with an uninsured motorist, you may have an uninsured motorist case. As long as your own coverage is paid up, you can make a claim against the uninsured motorist coverage on your own policy. By making an uninsured motorist claim, you can recover fair compensation for your personal injuries, including damages incurred in the form of medical bills, pain and suffering, lost wages, disfigurement, disability and loss of a normal life. You do not have to sue your own insurance company to make an uninsured motorist claim. Uninsured motorist coverage provides a streamlined process with an out-of-court dispute resolution process in the event that a settlement cannot be reached.