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Bad Faith Claims in Uninsured and Underinsured Motorist Claims

Published on Aug 13, 2021 at 1:40 pm in Car Accidents.

Closeup of front of white car

If you’ve been involved in a car accident, it can be a nightmare to find out that the responsible driver has minimal insurance limits or no insurance at all. Fortunately, if you have uninsured motorist (UM) or underinsured motorist (UIM) coverage, you can avoid this nightmare depending on the extent of UM or UIM coverage you carry on your own insurance policy.

Uninsured motorist coverage comes into play when the at-fault driver doesn’t have any insurance. Underinsured motorist coverage is used in conjunction with the at-fault driver’s insurance policy to pay for your injuries, damages, and lost wages when their existing policy isn’t sufficient to cover your injuries. The only way it comes into play is if you have underinsured motorist coverage in an amount that exceeds that of the at-fault party.

While the intent for UM and UIM coverage is to provide you with compensation for the damages you sustain when you may not otherwise be able to get compensation, there is one unfortunate situation you may find yourself in. You may be faced with an insurance company that is acting in bad faith by not paying you with the very coverage you paid an extra premium for. If you’re in this situation, you may have legal options.

How a Bad Faith Claim Can Come from UIM Coverage

Typically, bad faith claims apply to a situation when a third party who struck you has insurance, but the insurance company does not pay in a timely manner. Insurance companies act in bad faith when they deny a claim for a reason they know isn’t legitimate or delay the act of fulfilling a claim to purposefully not pay out. Many individuals do not know that there can also be bad-faith in a UM or UIM claim when the insurance company exhibits vexatious and unreasonable delay in evaluating the claim.

All too often, insurance adjusters often aren’t forthright with an injury victim. They may use tactics to try to make a claim worth less when the full policy limits are needed to cover for all injuries and damages. They may also try to twist a victim’s words to protect the bottom line of the insurance company.

When it comes to providing compensation in your UM or UIM claim, an insurance company may drag their feet in giving you the compensation you deserve or delay returning phone calls and correspondence. They might keep pushing back on setting the arbitration for your claim, or they may suddenly, intentionally become hard to get a hold of.

An experienced lawyer will know what needs to be proven in order to get you the financial recovery you deserve from your insurance company when a UM or UIM claim needs to be made and will know when bad faith is warranted. You paid for your UM or UIM policy in case another driver wasn’t insured or was underinsured—you deserve to have your claim paid out in a fair, timely manner.

UIM Claim Damages You Can Recover

When you have UM and UIM coverage, you may be able to recover financially for the damages suffered in the accident, including:

  • Medical Bills
  • Property Damage
  • Lost Wages
  • Pain and Suffering

After a collision that causes you physical and emotional damages where you weren’t the driver or party at fault, you deserve to recover maximum compensation for what you’ve endured. You decided to have UIM coverage for a reason, and your insurance company should provide you with what you paid for—extra insurance in case an irresponsible driver who caused your injury does not have enough coverage for the injuries you sustained.

Our Experienced Lawyers Will Protect You from UM Claim Bad Faith

You shouldn’t be left waiting for a fair payout when you utilize the UM and UIM coverage you pay for. When you hire an attorney from Krzak Rundio Gorman, Injury Attorneys, you can feel confident that you have an experienced and knowledgeable legal team on your side. We have experience with UM and UIM claims as well as bad faith claims and know when and in what circumstances one can be pursued.

Whether your insurer was dragging their feet, pushing back dates, or making false claims about your case, we know how to handle any of these scenarios and more to get you justice. Reach out to our office for a free consultation so we can get started on your claim.

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