When you’re involved in a car crash in Fort Myers, FL with someone who doesn’t have insurance or doesn’t have enough to cover your losses, your Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage should kick in. Figuring it all out can be difficult, but your car accident attorney can help you work through your claim and compensation options as well as deal with the paperwork and negotiations.
UM and UIM Coverage
UM coverage steps in when a driver who causes an accident has no insurance at all. Your UM coverage will help to pay for your medical bills, lost wages, and other damages. UIM coverage is for when the other driver doesn’t have enough insurance for all your losses. You’ll first draw on their insurance, but when you hit their policy limit, your UIM coverage kicks in to cover the rest up to your own policy limit.
What Makes Them Different
It’s important to understand that UM/UIM coverage is not the same as liability coverage or collision coverage. Liability coverage on your insurance policy covers the damage that you cause to someone else. Collision coverage is to handle the repairs for your vehicle.
Why UM/UIM Coverage Matters in Fort Myers, Florida
Our state has a no-fault insurance system, meaning that for most minor crashes, each driver’s own Personal Injury Protection (PIP) insurance will cover their initial medical costs and some lost wages, no matter who caused the crash. Once the PIP is used up, however, if you still have losses that aren’t covered, and if your injuries qualify under state guidelines, you can bring a claim against the other driver. If they don’t have insurance, or not enough, then you’d need your UM/UIM coverage.Florida requires insurers to offer UM/UIM when you buy a policy, but you are allowed to reject it. You have to do so in writing, however, so if you don’t remember doing that, it’s likely you do have UM/UIM coverage.
How Your Car Accident Attorney Helps
It can be very difficult to work through all the red tape to access the coverage you need. You’ll need to file with your PIP insurance, possibly fight them if they dispute any aspect of coverage, and then decide if you’re eligible to bring a claim against the other driver. If so, you’ll have to do all the legal work involved in that, and if the other driver doesn’t have coverage, you’ll then have to apply again to your insurer for UM/UIM coverage and provide proof that all other coverage options have been exhausted before they’ll consider your claim.
Your lawyer will have been down this road many times before and can review your policy, gather evidence, keep pushing with all involved parties, handle all the paperwork, make sure deadlines are met, deal with disputes and negotiations, and make sure you don’t settle for less than you’re entitled to.If you’ve been in a crash and need help with a claim, contact us now at Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. in Fort Myers, Cape Coral, Lehigh Acres, Naples, or Port Charlotte to set up a free consultation.