When another driver causes a collision but lacks sufficient insurance to cover all your losses, you face the dual challenge of recovering from injuries while pursuing adequate compensation through alternative sources. However, underinsured motorist coverage (UIM) on your auto insurance policy could provide the additional compensation you need.
Contact Morris, King & Hodge, P.C. 24/7, to schedule a free consultation with an Alabama car accident lawyer for underinsured motorist claims and lawsuits.
What Is Considered an Underinsured Motorist Car Accident?
An underinsured motorist car accident occurs when the at-fault driver carries liability insurance that proves insufficient to compensate you fully for your injuries and related losses. The responsible party maintains active insurance coverage, but the policy limits fall short of addressing the complete scope of damages their negligence caused. For example, your medical costs, lost wages, and other losses exceed what their insurance company will pay under their policy’s maximum limits.
What Makes Underinsured Motorist Coverage Different from Uninsured Motorist Coverage?
Underinsured motorist coverage in Alabama and uninsured motorist protection serve related but distinct purposes in protecting accident victims from inadequate compensation. Key distinctions are as follows:
- Uninsured motorist (UM) coverage compensates you when at-fault drivers carry no insurance whatsoever, flee the scene without identification, or when hit-and-run drivers cannot be located. UM coverage steps in as a substitute for the liability insurance the responsible party should have maintained but failed to obtain.
- Underinsured motorist (UIM) coverage provides additional compensation when at-fault drivers carry insurance policies with limits lower than your total damages. UIM coverage bridges the gap between what the negligent driver’s policy pays and what you actually need to cover medical bills, rehabilitation costs, lost income, and other accident-related expenses.
Both coverage types protect you from financial hardship caused by other drivers’ insurance inadequacies. Alabama’s uninsured motorist laws require insurance companies to offer these protections, though policyholders can reject them in writing.
What Should I Do If an Underinsured Driver Hits Me in Alabama?
Protecting your health and legal rights requires immediate action following collisions with drivers who lack adequate insurance coverage. Taking proper steps at the scene and during subsequent weeks strengthens your ability to recover full compensation:
- Call 911 to report the accident and request medical help.
- Seek immediate medical evaluation even if injuries seem minor at first.
- Document the accident scene with photographs and videos.
- Collect contact information from all drivers and witnesses.
- Obtain the other driver’s insurance details and policy information.
- Review your policy for uninsured and underinsured motorist coverage.
- Avoid giving recorded statements to insurance adjusters.
- Avoid posting to social media.
- Preserve all medical records, bills, and repair estimates.
- Contact our car accident attorneys before accepting any settlement offers.
These measures create documentation that supports your claim and prevents insurers from disputing your account of events. Early legal guidance from our UIM lawyers protects you from making decisions that could compromise your recovery.
Why Should I Hire a Lawyer If the At-Fault Driver Was Underinsured?
Pursuing compensation through underinsured motorist coverage often requires navigating complex insurance policy language and negotiating with companies that are focused on minimizing payouts. Quality legal representation helps accident victims overcome these challenges.
A few examples of the many benefits of having a UIM claims attorney include:
- Policy analysis – Our Alabama car accident lawyers for underinsured motorist claims thoroughly examine your insurance policy to identify all available coverage sources, including UIM provisions, medical payments (MedPay) coverage, and other protections you may not realize you possess. Insurance documents contain exclusions that require professional interpretation to be fully understood and accurately applied.
- Damage valuation – We collaborate closely with medical professionals, financial experts, and vocational rehabilitation specialists to determine the full value of your claim, encompassing future medical expenses and long-term income losses. A thorough assessment helps ensure you seek fair compensation instead of settling for less than you deserve.
- Insurance negotiations – Even though “your” insurance company handles the UIM claim, the insurance adjuster does not have your best interests at heart. Let us handle all communications with insurance companies to prevent them from misusing your statements or pressuring you into premature settlements. Our experienced negotiators understand insurer tactics and counter them with evidence-based demands for fair compensation.
- Litigation readiness – When insurers refuse reasonable settlements, we possess the trial experience necessary to present compelling cases in court. Our willingness to litigate motivates insurance companies to offer appropriate compensation rather than risk unfavorable verdicts.
Alabama Code § 32-7A-4 establishes minimum liability insurance requirements, while Alabama Code § 32-7-23 governs uninsured and underinsured motorist coverage provisions. Our knowledge of these statutes positions us to maximize your recovery through available insurance sources.
Contact An Experienced Attorney at Morris, King & Hodge, P.C., for a Complimentary Consultation
Call Morris, King & Hodge, P.C., or complete our online contact form to schedule a free consultation with an Alabama car accident lawyer for underinsured motorist claims. Our legal team understands the frustration and financial stress that inadequate insurance coverage creates for accident victims who suffer serious injuries through no fault of their own.
We handle underinsured motorist cases on a contingency fee basis, meaning you pay no attorney fees unless and until we secure a favorable outcome.
FAQs
How long do I have to file a claim or lawsuit for an underinsured motorist accident in Alabama?
Alabama law generally provides two years from the date of the accident to file personal injury lawsuits against at-fault drivers under the statute of limitations. Your insurance policy may impose shorter deadlines for notifying your carrier about underinsured motorist claims, so prompt action protects your rights under both legal and contractual timeframes.
Can I sue an uninsured or underinsured driver for my damages?
You can file lawsuits against uninsured or underinsured drivers who caused your injuries. However, collecting judgments proves difficult when defendants lack sufficient assets. Pursuing compensation through your own uninsured or underinsured motorist coverage typically provides more reliable recovery than attempting to collect directly from financially limited defendants.
Is it hard to get the insurance company to pay underinsured motorist claims?
Insurance companies frequently dispute UIM claims. They question the severity of injuries, argue that damages fall within the at-fault driver’s policy limits, or find technical reasons to deny coverage. Experienced legal representation significantly improves your chances of obtaining fair compensation by presenting well-documented claims that insurers cannot easily dismiss or undervalue.
Who pays my medical bills and losses if the other driver is underinsured?
Multiple sources may contribute to covering your damages when at-fault drivers carry insufficient insurance to compensate you fully. Potential payment sources include:
- The at-fault driver’s liability insurance up to the policy limits
- Your UIM coverage for amounts exceeding the at-fault driver’s policy limits
- Your medical payments coverage or health insurance for treatment costs
- Personal assets of the at-fault driver through direct lawsuits
- Disability insurance for lost income during recovery periods
Coordinating benefits from these various sources requires careful analysis to maximize recovery without triggering subrogation claims. The attorneys at Morris, King & Hodge, P.C., can manage these complexities to pursue every dollar available for your injuries and losses.
