Can I Receive a Pain and Suffering Settlement From My Own Insurance Company?
If the accident was your own fault and not caused by the negligence of another party, then the answer is “no.”
However, if the accident was caused by someone else and they did not have insurance or the insurance they had was insufficient to fully compensate you for all your injuries and damages, then “yes,” you can make a claim under your own insurance policy for pain and suffering and other damages directly caused by the accident.
When someone is involved in an accident with an uninsured driver, then the injured party is able to make a claim under their Uninsured Motorist Coverage of their own automobile insurance policy. For Uninsured Motorist claims, that the injured party’s insurance company actually steps in the shoes of the at-fault driver and defends the claim against you as if they were actually the negligent driver.
Typically these cases require an attorney to present all the damages. Many times the claims are taken to Arbitration where an arbitrator acts as a judge and determines the amount of damages including pain and suffering that should be awarded.
Will My Insurance Premiums Go Up If I Make An Uninsured Motorist Claim?
Even though you are making a claim against your own insurance company, your premium should not increase since the automobile accident was not your fault.
Do I Have To Have More Than $3,000 In Medical Bills To Get A Settlement?
Typically, Utah law requires accident victims to incur $3,000 in medical bills before they can get a settlement for pain and suffering. However, this rule does not apply to Uninsured Motorist Claims. If you are injured in an accident with an Uninsured Motorist and have less than $3,000 in medical bills, you can still demand and receive a settlement from your insurance company. And since you will have to pay your deductible for the property damage portion of your claim, this is a great way to ensure you are not left paying out of pocket for an accident you did not cause.
What Happens To The Uninsured Motorist That Caused My Accident?
Because you have uninsured motorist coverage, you can be compensated for all your damages under your own insurance policy and do not have to spend all your time and resources trying to collect from the carless driver that caused the accident. But rest assured that this driver will not avoid responsibility for your damages. After your insurance company settles your claim, they will then pursue a claim on your behalf against the careless driver. If the insurance company is successful in recover something, you will be reimbursed for your deductible.
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To learn more about Uninsured motorist and Hit-and Run accident claims, visit the library section of the Christensen Law Firm or watch the short video below.
