Practice Areas

Uninsured or Underinsured Motorists

 

When individuals experience financial hardship, often the first thing they sacrifice is insurance coverage. Don’t get left holding the bag. Protect yourself.

Protecting Yourself from Uninsured and Underinsured Motorists

You must carry liability insurance to protect others in the event you are negligent. But what happens if the person who hits you has no insurance? If you did not purchase the optional uninsured motorist coverage, you don’t have a lot of options. You can sue the negligent driver individually and get a judgment—but good luck trying to collect it. Most of the time, those defendants can file bankruptcy and protect their assets.

Uninsured motorist coverage will pay you what the other party would have, had the negligent driver maintained his or her insurance. Talk to your insurance agent and add this coverage. Hopefully, you will never need it, but if you do, it will be there to protect you!

How Gary Holt & Associates Can Help in Uninsured Motorist Cases

In the case of an uninsured motorist, our first step is to verify the adverse interest (the negligent driver) is indeed uninsured, get an affidavit of no insurance coverage, and do an asset check on that driver. Our client’s insurance company receives our information advising them we are making an uninsured motorist claim. If the case is litigated and goes to trial, we may be able to recover additional attorney fees and penalties.

How Gary Holt & Associates Can Help in Underinsured Motorist Cases

In the case of an underinsured motorist, our first step is to conduct an asset check on the negligent driver. Once policy limits are offered from the tortfeasor (an individual or entity that has been found to have committed a civil offense that injures another party), there is a procedure all attorneys must follow before accepting any monies. The underinsured has 30 days to investigate the claim and make a determination. They can permit us to accept the money or substitute their own. We send them medical bills, records, any lost wage documentation, and authorizations. If the case goes to trial, we may be able to recover attorney fees and penalties.