Do You Need a Lawyer for an Uninsured Motorist Claim?

Imagine this. A car suddenly slams into your vehicle as you head home on a busy Sacramento highway. It has been a long day, and the last thing you need is a damaged vehicle, especially when you find out the other driver has no insurance. Your mind races as you face a difficult dilemma. 

You have insurance and pay your premiums each month, so you expect your insurer to handle everything. But when the check arrives, it is far less than you expected. Your uninsured motorist claim was meant to cover your medical bills, lost wages, and compensation for pain and suffering. But it turns out that the payment wasn’t enough to cover everything. 

So, you start wondering whether I need a lawyer for my uninsured motorist claim? Well, you’re not legally required to hire an attorney. But if you try to handle such a claim yourself, you could end up leaving a significant amount of money on the table or receiving nothing at all.  

In this blog, we will help you understand what an uninsured motorist claim is, when to hire a lawyer, and why insurance companies do not play fair. 

What Exactly Is an Uninsured Motorist Claim?

An UM claim, or uninsured motorist claim, is a claim you can file with your own insurance company when an uninsured driver causes an accident. Under California law, insurance companies need to offer uninsured motorist coverage to policyholders. It can also apply to hit-and-run accidents when the at-fault driver cannot be identified.

You pay for this coverage as part of your auto insurance policy, and it is meant to cover your damages when the other driver cannot. Uninsured motorist coverage can help pay for medical bills related to the accident and lost wages if you are unable to work while you recover. It may also cover lost future earnings if you cannot return to your job or are forced to take a lower-paying position. Other non-economic damages, such as pain and suffering due to the accident, are also covered under uninsured motorist claims.

But keep in mind that your claim is limited to the policy limits you selected. This is something many accident victims don’t realize until it is too late. 

Why Insurance Companies Do Not Make Uninsured Motorist Claims Easy

You might think that filing a claim with your own insurance company would be straightforward. After all, you are their customer. You pay them every month. They should want to help you, right?

But the reality is a little different.

Insurance companies are businesses that collect premiums and try to keep claim payouts as low as possible. When you file an uninsured motorist claim, you are essentially asking for money from them. So obviously, they are going to look for every way to reduce the payment or even deny it. They can do the following -

• They can argue that you never purchased the coverage.
• Tell you that your policy has lapsed.
• Prove that you were partially at fault for the accident.
• Tell you that you have insufficient proof that the other driver was at fault. 
• Complete denial of your claim, as may happen in a hit-and-run accident when there was no physical contact between the vehicles involved. 

There are cases in which insurance companies dispute the value of a claim altogether. They might argue that your injuries are not as serious as you say or that your treatment is too expensive or unnecessary. They might pressure you to settle for less than you deserve and move on. And that’s when you need a personal injury lawyer in Sacramento to help you with the case.

Can You Handle an Uninsured Motorist Claim Without a Lawyer?

Yes, you can handle the claim on your own, but that might not always be the best option. For example, if the accident is minor, you have no injuries, and your vehicle has only minor damage, you may be able to handle the claim yourself.  

But not all uninsured motorist claims are straightforward. If you have serious injuries and your medical bills are piling up, anything you say in a recorded statement to the insurance adjuster could be used against you. The insurance company may use your words to argue that your injuries are not as serious as you claim. 

Soon after you submit your medical bills, the insurance adjuster may come back with a settlement offer. The money might seem like enough, but will it cover all your expenses now and in the future? Can you accurately calculate the value of your pain and suffering? Do you know what your case could be worth if it goes to arbitration or trial? 

Most people do not, and this is exactly what the insurance companies want. 

What a Lawyer Actually Does in an Uninsured Motorist Claim

Hiring an experienced personal injury lawyer in Sacramento for an uninsured motorist claim provides you with legal representation when your case is complicated. 

• A good Sacramento uninsured motorist lawyer reviews your insurance policy to understand the kind of coverage you have. Your lawyer will look for every possible source of compensation along with any additional coverage that you have through other policies. 
• Your lawyer will also manage all the communication with your insurance company. Eventually, the lawyer will build your case by gathering medical records, obtaining expert opinions, documenting your lost wages, and proving how your injuries will affect your life in the future. 
• The best part is that if the insurance company contests your claim, your lawyer can push back with evidence and legal arguments.

Most unresolved uninsured motorist claims go to arbitration instead of the court. A professional personal injury attorney in Sacramento knows how to present your case in arbitration and how to counter the arguments that the insurance company will make. In many cases, hiring a lawyer can help you receive more compensation than you might get on your own. 

What is the Cost of Hiring a Lawyer?

Most people are not aware that personal injury lawyers in Sacramento work on a contingency fee basis; hence, you do not have to pay anything upfront. Also, you pay your lawyer only if you win your case, and their fee comes from the settlement or award. 

On the other hand, if you manage your own motorist claim, you may receive less compensation than you deserve. While a quick settlement might feel like temporary relief, what happens six months later when your medical bills are still coming in and you cannot work? What happens when you realize your injuries are more serious than you thought and you need additional treatment? The money you accepted is gone, and there is no going back. 

A Sacramento personal injury attorney protects you from these loopholes and makes sure you receive the compensation you deserve. 

How to Choose the Right Lawyer for Your Uninsured Motorist Claim

Here is how to choose the right lawyer for your claim:

• Look for Specialized Experience.
• Take Advantage of Free Consultations.
• Ask the Right Questions: 
  • How many uninsured motorist cases have they handled?
  • What results have they achieved for past clients?
  • Do they have experience with arbitration, where many disputed UM claims are resolved? 
• Understand the Fee Structure.
• Prioritize Communication and Trust. 

Answering Your Common Questions