QUESTION

I was involved in a head on collision and the driver died. I have unisured motorist insurance, how much can i expect to get in my settlement

Asked on May 02nd, 2013 on Automobile Accidents - Indiana
More details to this question:
The driver of the car was intoxicated. It was not the drivers car but the owner of the car is being held responsible. If the max insurance she has is say 25k and my medical bills are more then that and my uninsured motorist insurance is 50-100k. will I receive the max amount from my insurance company plus the max amount from the owner of the car that hit me? And is it a good idea to write the adjustor handling the claim with how the accident had effect my life because of the accident, to make sure I get the max amount possible?
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1 ANSWER

Dear Anonymous, There could be a question as to whether the vehicle owner's insurance will cover this accident.  For your uninsured coverage (UM) to come in to play would presume that there was no coverage available for the other driver. If there is coverage available to him, then you would be looking to make a claim for your own underinsured benefits (UIM), assuming the other driver is underinsured.  Your UIM benefits will not kick in until the limits of the other driver's available insurance have been paid.  You need to be very careful when dealing with insurance adjusters that you make sure you know all of the available coverage have been exhausted.  This can be tricky, and this is where an experienced personal injury attorney can be very helpful to you.  Also, an intoxicated driver could be subject to punitive damages, although these are likely not going to be covered by insurance.  I would be happy to answer any specific questions that you might have regarding your injuries and the value of your case, and what to expect going forward with the various insurance companies involved. I strongly urge you to talk to someone before you make any type of settlement with any of the insurance carriers involved. Very truly yours, Chip Clark
Answered on May 02nd, 2013 at 9:24 PM

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