When it is reported that a motorist is ‘underinsured’ you may be wondering whether that is illegal.
Most drivers know that they are expected to have taken out a minimum level of liability insurance.
In fact, without this minimum insurance, you can be charged with an offense under state law.
The problem is that many drivers do take out the required minimum liability insurance, but if someone is badly injured their compensation needs may be much higher than what the at-fault driver is, quite legally, insured for.
There are a few options for the injured victim. It does depend on the unique circumstances involved.
What is the value of your claim? How much liability insurance does the at-fault driver actually have?
Can you actually prove that he or she was responsible for your injuries?
Do you have special underinsured motorist cover yourself?
These questions can be answered with the help of an experienced personal injury attorney before you make an attempt at filing a claim.
How Rear End Accidents Occur
Rear end accidents are some of the more common types of accidents.
They can occur anywhere, but tend to be most common in and around cities where there is a lot of traffic and many intersections where drivers have to wait in a queue to proceed.
There are several reasons why some drivers fail to keep a respectable distance behind another vehicle in front.
Rarely is it the fault of the driver in front.
Most commonly it is the fault of the driver behind.
The driver may be driving too fast; they may be aggressive drivers; they may be intoxicated, too tired to concentrate, texting or distracted by something, or there may be a brake failure or other mechanical defect.
If you are hit by a driver in the rear, you have a good chance of proving negligence, despite the fact that the driver may be underinsured.
Take photos, contact details of any eye witnesses and obtain a copy of a police accident report if police attend the incident.
Filing a PI Claim After a Rear End Accident Caused by an Underinsured Motorist
It can be annoying finding out that the driver you are claiming against is underinsured.
There may be little you can do or you may be able to make up the balance by filing a lawsuit against the driver or using your own insurance policy if it allows you to claim for underinsured motorist injury.
The main problem with many insurance options is that the state requirements are often too low to cater for serious and expensive medical treatment or to compensate for many weeks, perhaps months off work.
Even if the accident happens in a no-fault state, your own PIP insurance may be insufficient to cover your needs, forcing you to claim against the at-fault but underinsured driver.
How a PI Attorney Can Help
As there may be more legal options than you are aware of, you should contact a personal injury attorney as soon as you can after an accident in which you learn that the at-fault driver was underinsured.
