You need to buy uninsured motorist coverage - NOW

About 50 percent of Detroit drivers are driving without any auto insurance, according to the Detroit Legal News. And about 19 percent of all Michigan drivers have no auto insurance, according to a news release by the Insurance Research Council.

People think that because they have insurance on their car, they are protected.  But as a car accident lawyer, let me tell you, this could not be more wrong.

Your auto insurance often will only protect the person you injure if you cause a car accident.  But what happens if you are driving in Detroit, you’re hit by an uninsured driver and you do not have uninsured motorist coverage (UM)?  If you’re in a car accident with a driver who does not have auto insurance, you can lose everything, including any right to collect for your pain and suffering and injuries.

But with the right auto insurance, this does not have to happen.

Please read the information below about uninsured and underinsured motorist coverage (UM/UIM). Our car accident attorneys recommend that you purchase this valuable insurance.

Uninsured and underinsured motorist coverage provides a valuable source of legal recovery after a car accident, when someone is injured by another driver who is uninsured or does not have adequate insurance.

With UM coverage an injured person turns to his or her own auto insurance company to pay what would have been recovered from the at-fault driver, had that person been properly insured with an insurance policy limit to cover their injuries.

To be compensated under a UM policy, an injured driver must show that the other driver was uninsured and was legally at fault in causing the auto accident.

Uninsured motorist coverage is very inexpensive. As I always say, for the price of a movie and popcorn, you can make sure your family is protected. You can speak with your insurance agent for specific pricing.

Our accident attorneys recommend you buy $500,000 worth of uninsured/underinsured motorist coverage.  You will be shocked how inexpensive it is to protect you and your family with this much coverage.

Some auto insurance companies do not tell their policy holders about UM. You might have to personally ask for this important insurance coverage.

Be aware of the insurance policy’s notice requirements. Each auto insurance policy has time frames in which a car insurance company must be informed of an accident. For instance, some policies require that the insurance company must be informed of a car accident within 30 days of the date the car accident occurred with an uninsured driver. If notice is late, an auto insurance company can deny contractual benefits like UM/UIM. This actually happened to one of my clients, and she received nothing after she was seriously injured by an uninsured driver.  Because these are contractual additional coverages, the terms of the policy must be carefully followed. Talk to an experienced car accident lawyer if you have questions. Policies are difficult to read, but the terms must be complied with or you can lose the right to collect uninsured and underinsured motorist coverage.

Avoid Progressive Insurance Company. Please avoid Progressive or any other auto insurance company that sells UM/UIM with insurance policies that allow them to “set-off” or deduct from a UM/UIM policy limit — that the auto insurance company is required to make by law for medical bills and wage loss. It’s also important to avoid insurance companies with policies that allow them to deduct other benefits from uninsured motorist coverage, such as workers compensation.  If you are injured in the course and scope of your employment, make sure your work compensation lawyer knows about your UM insurance.

The most important advice that any car accident attorney can give you is to read your insurance policy. You must ask your insurance agent, if, for example, family members who do not live with a vehicle’s owner will still be covered under a UM/UIM policy, even if they have been given permission to drive a car that’s covered by uninsured motorist coverage.

If you don’t understand the language in your insurance policy, you can always call an accident attorney. It’s better to make sure your questions are answered and that you fully understand your insurance rights.

Remember, you can visit Facebook.com/MichiganAutoLaw to enter to win a $1,032 check as part of our distracted driving and insurance awareness campaign. The prize money is enough to buy Michigan auto insurance including UM/UIM for an entire year.

- Steven Gursten is recognized as one of the nation’s top accident attorneys handling serious car accident cases and No-Fault insurance litigation. He writes about Michigan No-Fault law and insurance issues, and is available for comment.

- Photo courtesy of Creative Commons, by TheBusyBrain

Related information to protect yourself:

Insurance coverage issues and Michigan car accidents

3 potential cases after an auto accident in Michigan

The insurance coverage that an insurance lawyer recommends

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you. Call (800) 777-0028 for a free consultation with one of our Michigan accident attorneys.

Michigan Auto Lawyers

Michigan auto attorney warning: AAA uninsured motorist coverage arbitration

April 16th, 2011 Watch out, arbitration may mean trial for UM, even after the arb award!

AAA just added a nasty little addition to its policy regarding uninsured motorist coverage and underinsured motorist coverage (UM and UIM) and the right to arbitration. This change is going to surprise a lot of auto attorneys in Michigan next year (and probably cause a lot of very unhappy clients for lawyers unaware of this important policy change).

Here’s the change to AAA’s policy language:

For damages caused by an underinsured motor vehicle:

a. … the decision agreed to in writing by two of the arbitrators will be binding if the amount of damages determined by the arbitrators does not exceed $50,000 for bodily injury to any one person or $100,000 for bodily injury to two or more persons in any one motor vehicle accident. Judgment upon the award rendered by the arbitrators may be entered in the Circuit Court in the county in which the arbitration was held.

b. if the amount exceeds $50,000 for bodily injury to any one person or $100,000 for bodily injury to two or more persons, the decision of the arbitrators will not be binding and either party may demand the right to a trial, unless the parties agree otherwise by prior written agreement. Trial shall be on all issues of the arbitrators’ decision. This demand must be made within 60 days of the arbitrators’ decision and suit filed in the court of proper jurisdiction within 120 days of the arbitrators’ decision. If this demand is not timely made or if suit is not timely filed, the decision of the arbitrators will be binding. Judgment upon any binding award rendered by the arbitrators may be entered in the Circuit Court in the county in which the arbitration was held.

The take away for auto accident attorneys in Michigan, and perhaps other states if AAA has made this change nationwide, is to make sure you agree, in writing, before arbitration that the arbitration decision will be binding no matter what the arbitration award.  Make sure the AAA insurance defense lawyer has agreed to this, in writing, or any arbitration award will not be binding, and you just spent a whole day educating the defense attorney and the insurance company on the strengths of your case so they can better prepare for trial.

How arbitration works in Michigan auto accident cases

Not every auto accident case goes to trial (unlike in TV).  In fact, the vast majority settle.  However, to receive the best possible settlement for pain and suffering if you’ve been injured in an auto accident, I’ve  learned that there’s a strong correlation between the more your lawyer prepares for trial and the higher the likelihood that the case will settle, and settle at a higher amount.  In other words, having an attorney who is preparing for trial shows the auto insurance company that you’re prepared and serious, and increases the risk and exposure to the insurance company of a high jury verdict.

To avoid trial, many auto accident cases go into arbitration. The benefits of arbitration for auto accident victims are that the hearing is normally over in one day, whereas a full-blown trial can take several weeks.  Also, the costs are a fraction of what your attorney will need to spend to take the case to trial.  Finally, there is normally never an appeal

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San Diego Lawyers Help with Uninsured Motorist Claims

Next » Posted On: March 2, 2011 by Ross Jurewitz

In California, you must own car insurance in order to drive legally on our roads. However, drivers only have to carry the minimum car insurance coverage for California, which is $15,000 per person/$30,000 per accident/$5,000 for property damage. This is hardly enough to pay for even a minor car accident!

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