Dear Chandler,
I was shopping for Christmas presents at the Fayette mall on Nicholasville Road. On the way home before getting on New Circle, I was T-boned by a driver who didn’t have very good insurance coverage. I’m doing okay, except for a couple of broken ribs and the fact that my car is completely totaled. I purchased an uninsured motorist policy years ago, but I haven’t had to use it ever. What do I have to do to get a payout? Should I file a personal injury lawsuit against the other driver?
-Healing but Still Hurting
Dear Healing but Still Hurting,
In order for you to get an uninsured motorist (UM/UIM) claim settlement, you have to first contact the other driver’s insurance company to receive the full payout. Once you have maxed out their benefits, then you will be able to file a claim with your own insurance company.
Filing a personal injury lawsuit is your right, but unless you think the other driver has assets they simply didn’t want to put towards their insurance coverage, you probably won’t end up with much. Even if a judge awards you money, they may not be able to pay it.
Using your underinsured or uninsured motorist coverage, you can get compensated for your medical bills, pain and suffering, and loss of wages. You will need to start a claim against your insurance coverage for the difference between what the underinsured person’s company would cover, and what your actual costs were.
As soon as you know the other driver will not be able to reimburse you for the full cost of your damage and expenses, you should let your insurance know that a claim will be filed.
Best,
