After you have been involved in a car accident, your auto insurance will cover your medical and wage loss through your no-fault insurance. If you had collision coverage they will pay to fix your car. You still have a claim for your pain and suffering and other damages that your insurance will not cover. What do you do about those?
If there was another driver responsible for the accident, their car insurance policy is supposed to cover all the damages caused by that driver. That only works if they are not among the vast number of uninsured drivers on the road today. Many drivers cannot afford or choose not to pay for insurance, leaving you with unpaid damages after an accident. Finding out that the other driver is uninsured means it is time to consult with a Minnesota uninsured motorist lawyer to find out your rights.
Uninsured Motorist Claims
Minnesota is a state that requires motorists to carry uninsured motorist insurance. This will often appear abbreviated on your policy as “UM” insurance.
Uninsured motorist coverage steps into the shoes of the uninsured driver. Whatever the limits are in your UM coverage become the limits of the uninsured driver.
Uninsured motorist insurance will pay for many the claims you could have brought against the other driver such as a claim for your pain, suffering, injuries, loss of earning capacity, future medical care, and any wage loss and medical bills not paid for by your no fault coverage. Your uninsured motorist coverage will not pay for your property loss if you did not elect to purchase collision coverage.
Having uninsured motorist coverage does not mean there will be no negotiations with your insurance company. Once they find out the other driver is uninsured, they suddenly face a loss that they would rather not pay. They will want to pay you as little as possible on your uninsured claim because they have profits and shareholders to worry about. This means that you will need the assistance of a Minneapolis uninsured motorist lawyer to help you through the process. You deserve to receive what you are owed whether the other driver had insurance or not.
Breach Of Contract
If your insurance company refuses to pay benefits when you have filed an uninsured motorist claim, they can be subject to a breach of contract lawsuit. In this type of lawsuit, you are saying that you entered into a contract with the insurance company to purchase the coverage, incurred a covered expense as the result of an uninsured driver, and the insurance company refused to honor the contract and pay benefits.
You should read your insurance policy carefully. The policy language, which you probably did not study when you purchased insurance, was carefully drafted by the insurance company lawyers to limit and define what is covered. Insurance policies are often confusing and you should consult with a lawyer if you have questions.
Be sure that your claims are filed within the statute of limitations. Notify your insurance company immediately if you are in an accident with an uninsured driver. There is generally a six year statute of limitations on uninsured motorist claims in Minnesota but various other statutes could apply to your particular claim.
This is another reason why it is imperative to contact an attorney as soon as possible. Your lawyer can advise you on the particular statutes of limitations which applies to your case.
Contact A Minnesota Uninsured Motorist Attorney
If you have been in an accident with an uninsured driver, you have rights and options to get the compensation you deserve. Fortunately, you have access to an experienced attorney ready to help you take on the insurance company. Call the Meshbesher Law Firm at 612-349-5215 for a free consultation.