After being injured in a car accident, the last thing you want to hear is that the other driver does not have sufficient insurance coverage to compensate you for your injuries. Even though the law requires individuals to have insurance, many drivers fail to have it.
Many people do have insurance, but countless others do not have sufficient coverage for the injuries and expenses that may result from an accident. Before you panic, however, there are other ways in which you may be able to recover.
If you have been injured as a result of a car accident in which the other driver is underinsured, you may be able to recover damages under your own insurance policy.
In North Carolina, you have a right to recover even in cases involving underinsured motorist accidents. The North Carolina Motor Vehicle Law requires drivers to maintain a certain amount of liability insurance as the owner of a motor vehicle.
North Carolina also requires uninsured/underinsured coverage. The minimum requirements are as follows:
You underinsured/uninsured motorist coverage will provide protection when another driver—who is at fault—hits you. If the driver who hits you does not have enough coverage under his or her “30/60/25” liability insurance, then you can turn to your insurance for help.
Essentially, your insurance is meant to fill in the gap between your bills and expenses and what the insurance coverage for the at-fault driver’s policy will provide. Underinsurance coverage will help you pay for any medical bills and property damage you have incurred as a result of the accident.
As soon as you determine that the other driver is underinsured, you should immediately make an underinsured motorist claim to your insurance company.
Insurance companies can be difficult to deal with and, in complex cases, you need a zealous advocate on your side. As a contributory negligence state, North Carolina is one of few remaining in the United States. What this means to you is that if it is proven that you were even 1% at fault in the accident, then you will likely not be able to recover any monetary damages.
Insurance companies will often try to extract a statement from you to prove that you were a cause (if not “the” cause) of the accident. Before you talk to them, you should contact an attorney to ensure that you are protected and that your statements do not bar you from recovering later on.
South Carolina does not follow the doctrine of contributory negligence; however, you will still likely benefit from contacting an attorney who will make sure that you obtain the maximum compensation you deserve.
Attorney Brian Steed Tatum handles claims and negotiates with insurance companies on a daily basis and will ensure that you will not be shortchanged in receiving the compensation you deserve.
Insurance companies are notorious for trying to deny or undervalue your claim. These cases may become too complicated to handle on your own and you will likely need strategic legal representation.
At Tatum Law Firm, we have helped victims recover compensation after being injured by a driver who was underinsured. Our legal team works with clients in North Carolina and South Carolina and is ready to answer all of your questions in a free consultation. Please call us today at (704) 307-4350 and we will assist you.