Uninsured and underinsured drivers are a serious social and economic problem under all situations, but our troubled economy in recent years has greatly increased the risks we all face when taking to the roads. Estimates and surveys suggest that up to 16 percent of drivers nationally have no automobile insurance coverage at all, and many more carry only their state's or commonwealth's legal minimum liability coverage. In Philadelphia and Pennsylvania, the number of uninsured and underinsured motorist is climbing to staggering proportions well beyond the national norm. Many times insurance companies look for any trick in the book to avoid paying these claims often giving rise to an additional bad faith claim or and unfair insurance practices claim against the insurance company.
If you have been injured in an accident involving an uninsured or underinsured motorist, obtaining monetary compensation will likely require the committed efforts of a determined, aggressive personal injury attorney who understands the law, its loopholes and the tricks of the crafty insurance companies and their skilled corporate lawyers. When they tell you that you are in good hands, don't let them give you part of the hand, a middle finger.
Hold Insurers and Individuals Accountable
For most people injured by uninsured and underinsured motorists, the primary source of compensation is their own auto insurance policy. We adamantly recommend that clients and friends carry "full tort" auto insurance with significant uninsured/underinsured motorist (UI) coverage. However, please recognize that:
- Many injured people who have UI coverage still encounter unfair claim denials and delays or agents who discourage them from filing claims for various reasons.
- It may be critical for your lawyer to perform a full asset search and a comprehensive financial and background check on a negligent driver or other potentially responsible parties to determine whether you can recover money well beyond stated insurance policy limits.
- Today more than ever, we find many defendants attempting to mislead and play "hide and seek" with their assets, requiring skillful investigation and forensic accounting to uncover the truth.
