Wednesday, February 2, 2011

Settle An Uninsured Motorist Claim

Learn file an uninsured motorist claim


An uninsured motorist claim is a claim you make with your insurance company, who pays the damages that the driver who hit you would have paid, had he had proper insurance. In other words, if someone hits you and causes an accident and would have had to pay you $10,000 in damages had he had insurance your own insurance company will have to pay you that $10,000. To settle an uninsured motorist claim, there are several steps you need to take.


Instructions


1. Document everything at the accident. This means calling the police, getting as much information as you can from the other driver, and otherwise keeping careful and detailed records. Uninsured motorist coverage pays only if the other driver would have had to pay. In other words, if you caused the accident, you are not entitled to uninsured motorist coverage (although other policy provisions such as collision coverage may provide you with coverage). As such, you will need to prove the other driver was responsible if there is a question of liability, and documentation can help.


2. Read your policy terms and provisions carefully. Not everyone has uninsured motorist coverage. If you do, you need to understand the maximum limits for personal injury and property damage. For example, if your uninsured motorist coverage only covers you for up to $10,000 in personal injury and $5,000 in property damage, the maximum you will be able to settle the claim for is $10,000 for your injuries and $5,000 to pay for the damage to your property.


3. Contact your insurer to evaluate the claim as soon as possible. Your insurer will determine liability in the accident by investigating the facts, such as the police report, the condition of the car, your statement and the other driver's statement. Once they determine that the other driver was liable but uninsured, they will then evaluate your car to determine the cost of repairs. If the cost of repairs is so high that it doesn't make sense to repair the car, they will declare it a total loss.


4. Review the insurance company's offer. If the car is being repaired, generally they will offer to pay the full cost of repairs (up to the policy limit) but you may need to use a repair shop they authorize. They will often issue the check directly to the repair shop. If the car is being replaced, then they will calculate what they believe is the fair replacement value of the car and issue you a check for that amount.


5. Accept the payment as settlement or contest the valuation. If you believe the insurance company has been fair in determining how much the car is worth or how much the repairs cost, then you accept the check and your claim is done. If you believe they have been unfair, you can try to contest their valuation by providing proof of the car's value. Generally, an appeal will be reviewed and then you will receive notice either that the original valuation stands or that they have rejected your appeal. If you are still not satisfied, you may be able to submit the case to binding arbitration to have an impartial arbitrator decide value. In some cases, you can take the case to court, but most of the time, insurance contracts contain arbitration clauses, which means any dispute must be settled in binding arbitration.







Tags: other driver, insurance company, motorist coverage, cost repairs, motorist claim