Uninsured / Underinsured Motorist Claims
If you have been involved in an accident with an uninsured or underinsured motorist, you’re likely frustrated and confused. Why would they drive without insurance? Don’t they realize it’s illegal? What can I do now?
At Stroud, Flechas & Dalton, our attorneys are here to guide you through this confusing time with understanding and experience.
Apart from the legal requirement to have automobile liability coverage, uninsured or underinsured motorist coverage (uninsured motorist or underinsured motorist) is the most important coverage you can purchase. This insurance provides protection to you if you are injured in an automobile accident by another at-fault driver that either does not have automobile insurance or does not have enough insurance to cover your damages.
This coverage is especially important to have given the fact that studies have shown that close to 26% of all Mississippi residents are uninsured. Everyone that has been told by their insurance representative that they have “full coverage” should take a hard look at their policy to make sure that they have uninsured motorist/underinsured motorist coverage and that they have enough coverage to adequately protect them for potential losses should they be severely injured in an automobile accident.
When considering making an uninsured motorist/underinsured motorist claim, you must consider the applicable state law. Each state has different laws that govern the application of insurance coverage to a loss. For instance, in Mississippi, if you have more than one vehicle in your household with uninsured motorist/underinsured motorist coverage in force, you can “stack the coverages.”
For example: If a couple and their 17-year-old son have three cars in their family and each vehicle carries uninsured motorist/underinsured motorist coverage in the amount of $25,000 per person/$50,000 per accident, the law in Mississippi will allow any of the family injured in an accident by an uninsured/underinsured at-fault driver to “stack” these policies—thereby allowing for available coverage in the amount of $75,000 per person/$150,000 per accident. Unlike Mississippi, Tennessee does not allow for stacking. Tennessee is known as an “anti-stacking” state.
Uninsured motorist/underinsured motorist coverage can be used to cover the same damages that would be covered by the liability coverage owned by the at-fault driver. These damages include medical expenses (past and future), lost income, and pain and suffering, among other things.
The personal injury lawyers at Stroud, Flechas & Dalton have extensive experience handling uninsured motorist/underinsured motorist claims and will work hard to procure all of the insurance coverage available to you for your injuries.
Dealing with insurance adjusters can be difficult. Contact Stroud, Flechas & Dalton today at our Southaven, Mississippi office for experienced help and guidance so you can move on with your life.