Bad Faith – Uninsured Motorist

If you have been injured in an accident caused by an uninsured motorist or under insured driver in Aurora, CO or the surrounding areas, you may have options for pursuing compensation for your medical bills, lost income, pain and suffering, and more. You will likely need to file a claim with your own insurance company to be compensated for injuries caused by an uninsured or underinsured motorist. However, insurance providers work to minimize the amount they pay to settle claims; that’s how they stay in business. If your insurance company is trying to deny, delay, or minimize the worth of your claim, you may need representation from a bad faith insurance attorney. Our uninsured motorist attorney can help you avoid being taken advantage of by your insurance company by representing you and negotiating on your behalf.

What is Uninsured Motorist or Under Insured Insurance Coverage?

A client’s insurance impact their personal injury claim. Individuals can have personal auto insurance or health insurance. Personal auto insurance coverage can include under insured or uninsured motorist coverage. Under insured motorist coverage would cover damages that are in excess of the at fault driver’s insurance coverage. Many individuals maintain the mandatory minimum policy limits of $25,000, and injured parties are routinely eligible for benefits through under insurance. Uninsured coverage provided benefits when the at fault driver does not have insurance or flees. Auto insurance coverage could also have Medical Payments coverage. The minimum amount of coverage for medical payments if $5,000. This amount would be available to pay any of your medical bills regardless of fault. It is important to utilize medical payments to ensure your out-of-pocket expenses.

A car accident attorney would want to know about these coverages to ensure they are utilized and safe guarded. UM/UIM coverage for example requires prompt notification to the insurance carrier to ensure compliance with the policy. An injured party would also have to cooperate and seek the insurance company’s permission prior to settling with the at fault driver’s insurance company. If you do not comply with these conditions, you could breach the insurance policy and void the coverage.
How are Uninsured or Under Insured Claims Handled?
Uninsured and under insured claims are considered personal injury cases. Legally, the claim is a contractual dispute. The base of the legal dispute is whether an injured party is entitled to benefits under an insurance policy. In order to be entitled to benefits, the injured party would need to establish there was a car accident that involved either an uninsured or under insured driver. The insurance company will step into the shoes of the at fault driver. They will have all the defenses available to the driver.

However, the insurance company has fiduciary duties to their insured. An insurance company has a duty to evaluate a claim under an UM/UIM policy promptly. The insurance company cannot unreasonably delay or deny benefits as well. If an insurance company unreasonably delays and denies benefits, they are subject to a claim for bad faith in addition to a breach of contract claim. The insurance company could be required to pay triple the unreasonably delayed and denied benefits.

WHEN YOU NEED AN UNINSURED MOTORIST ATTORNEY?

  • You’ve been seriously injured in an accident caused by an uninsured or underinsured driver
  • Your insurance company is attempting to deny your claim
  • Your insurance company is attempting to get you to accept a settlement that is lower than what your claim is actually worth
  • Your insurance company is attempting to delay payment for your claim for as long as possible
Attorney Lawrence can review the facts of your case, including details about the accident, your medical bills, and other important factors. He can tell you how much your claim is really worth and negotiate with the insurance company on your behalf to ensure you get what you rightfully deserve.

GET ASSISTANCE AND REPRESENTATION FROM AN UNINSURED MOTORIST ATTORNEY FOR YOUR BAD FAITH INSURANCE CLAIM

Attorney Lawrence offers free consultations, and you won’t pay anything for his services unless he wins your case.  The firm is an Aurora personal injury firm, but we handle cases throughout Colorado.