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How Can a Car Accident Lawyer Help Me File an UM/UIM Claim

If you suffered an injury in an accident with an uninsured motorist or one who is not carrying enough insurance, you may still recover financial compensation. You will still need to go through the legal process before you can get a settlement check. You may even need to deal with two insurance companies to get the money you deserve.

If you suffered an injury in any car accident, you need a car accident attorney in Denver to represent you.

State Law Does Not Require the Driver to Carry a Large Policy

The laws of your state require a driver to have a certain amount of car insurance. However, insurance rates have increased over the years as all costs associated with personal injuries have increased. Medical bills and car repairs cost more.

Thus, drivers need to pay more to get coverage. Unfortunately, the advertisements you see about cut-rate car insurance on television are true. Some drivers are just trying to do what they legally must do to get on the road. They pay little attention to the amount of coverage. All they care about is what they have to pay each month.

You may need to pay the price when the driver economizes on car insurance.

Some drivers may not carry car insurance at all. They may think they are saving money and have nothing to lose after an accident. Usually, the uninsured driver does not have many assets in their name that they will lose if they were personally responsible for an accident. Alternatively, they may have let their policy lapse and have not yet obtained a new one.

The Driver May Not Even Stop at All

Experience Car Accident Lawyers for filling a underinsured or uninsured motorist claim in Denver Co area

Other drivers may not stop at the scene of the accident. They often think they can avoid liability if they run.

Whatever the reason, it will make your life harder when the other driver does not stop at the accident scene. You are still injured and dealing with the effects of the accident, but you do not have primary insurance against which to file a claim.

Your Auto Insurance Policy May Pay When the Other Driver Does Not Have Coverage

If you suffered an injury in a car accident with an uninsured or underinsured motorist, you may worry about the monetary shortfall and how it may damage your finances.

Practically every state requires your auto insurance provider to offer you coverage for a collision involving an underinsured or uninsured motorist. Your policy may not automatically contain this coverage. You may need to pay extra to purchase it.

Your Insurance Company Does Not Make the Process Easy on You

You will need to fight hard to obtain UM/UIM coverage, so hire a lawyer. You can get a far better result with the right legal representation.

When you are filing a UM/UIM claim, you will deal with many of the same challenges and stresses you face when you file a claim against another driver’s insurance policy. Just because you paid premiums to your insurance company for years does not mean that they have any loyalty to you. They try to save money at your expense, the same as when a non-customer files a claim. You will still have to fight to get every dollar they will eventually pay you in a settlement.

When you deal with your insurance company, you still need a fighter who can stand up for your legal rights. Insurance companies operate the same way, regardless of who makes the claim. All insurance companies have a long history of mistreating their customers.

You Still Need Evidence that Proves Negligence

Like any other claim, an UM/UIM claim requires that you prove that the other driver caused the accident. Instead of persuading the other driver’s insurance company that they were at fault for the accident, you must prove it to your insurance carrier.

UIM coverage only provides coverage if someone else caused your accident. If you cannot prove fault, you will need to file a claim with your collision coverage to seek any payment.

You must still prove the uninsured driver’s negligence in your accident.  If your insurance company does not see persuasive evidence, they may deny your claim.

Your Damages Can Be Considerable in a Car Accident

You may not know that the other driver is not carrying enough insurance if not for your attorney. You may think a $50,000 policy will cover your loss, not realizing your claim is worth more. Only after you hire a lawyer do you know how much your case is worth.

In a UM/UIM case, you can seek payment for the same damages you might in any other car accident case.

You may recover compensation for:

  • Medical expenses
  • Pain and suffering
  • Lost income
  • Property damage
  • Loss of enjoyment of life
  • Scarring and disfigurement
  • Embarrassment and humiliation

You have the legal obligation to prove your damages. You must support your settlement demand with sufficient evidence that you deserve that amount. Never simply guess at an amount. Instead, consult a car accident lawyer.

Often, proving the value of non-economic or future losses requires extensive evidence and expert opinions. Fortunately, an experienced car accident attorney knows how to handle this process.

You Have Options When the Other Driver Did Not Have Enough Coverage

If the other driver’s insurance company pays you the policy maximum, and that doesn’t cover all of your costs, you can seek the remainder from your own UIM policy.

You Have to Fight Your Own Insurance Company for a Fair Settlement

Your insurance company will try to save money at your expense.

You will still need to negotiate extensively with your own insurance company. They may not offer you a fair and reasonable settlement at first. Then, you may reject their settlement offer and counter with your number. This process can go on for a long time.

Your Lawyer Can Put Pressure on Your Own Insurance Company

The threat of litigation keeps insurance companies honest. Insurance companies do not want to deal with lawsuits. Litigation costs hurt their bottom line. They must pay their defense attorneys by the hour or by the case. In addition, insurance companies also fear juries. If you win your case in court, the jury might award more than you might have accepted in a settlement.

Your lawyer will use your leverage to get the insurance company to raise their settlement offer to a more reasonable amount. They will keep negotiating until you get the amount you deserve, or they will file a lawsuit in court. You will not stand much of a chance of getting what you deserve from the insurance company on your own. The insurance company has little to be afraid of when they know there is no chance you have a credible lawsuit threat.

Seek a Legal Consultation Right After the Accident

Hire an attorney right after your accident. All it takes is one misplaced statement to put yourself in a world of difficulty. Your attorney will deal with both insurance companies for you so you do not put yourself at risk.

Hopefully, this is the first time you have ever been through the claims process. Insurance companies have done this for decades, and their processes and procedures give them an advantage over you. They have legal teams and deep pockets.

You are no match for the insurance company by yourself.

Your lawyer deals with insurance companies daily and knows exactly how these businesses operate. Because of their experience in car accident claims and insurance tactics, your lawyer evens the playing field and gives you a fighting chance of full financial recovery.

Money Will Not Be an Issue When You Are Hiring a Lawyer

You do not have to come up with money to get a car accident lawyer working for you. Lawyers handle personal injury cases on a contingency basis. You do not have to pay a lawyer at the outset of the case like you will in other types of legal actions. You will also not get bills while the case is pending, putting stress on your finances.

Your attorney only charges legal fees if you win your case. Then, their payment comes from the proceeds of your settlement or jury award. Thus, you can have peace of mind by knowing you can get support from an experienced personal injury lawyer in Denver as you seek to recover financial compensation.

Lauren Varner, Personal Injury Attorney

Lauren is a Personal Injury Attorney. She is Colorado native who became involved with the field of personal injury long before she became an attorney. Lauren’s professional philosophy centers around good old fashioned hard work, producing quality work product, and treating others professionally, with dignity and respect at all times.

Awards and as featured on

National Trial Lawyers Top 40 Under 40 Included in TOP 40 Under 40 by The National TRIAL Lawyers in Centennial CO Varner Faddis Top Lawyers Denver Badge – 5280 Magazine American Institute of Personal Injury Attorneys 10 Best Attorney Top 40 Under 40 5280 Denver Top Lawyers