An unfortunate reality of an accident is that the driver who caused the crash may have no bodily injury liability insurance, or their policy limits may not cover the full harm you suffered. Uninsured/underinsured car accidents in Clermont can create uncertainty when you are dealing with medical care, missed work, and insurance questions. Claims involving uninsured and underinsured motorists often depend on the coverage you initially purchased.
One of the experienced car accident attorneys at Largey Law Firm could review your policy and explain what coverage may apply. We take a hands-on approach, so the lawyer handling your claim stays involved throughout the process rather than passing the matter to a case manager. This direct involvement can help identify important insurance issues and meet filing deadlines.
When Does Uninsured and Underinsured Motorist Coverage Apply?
Uninsured motorist or underinsured motorist (UM/UIM) coverage is usually built into your existing auto policy. It may apply when the driver who caused the crash has no liability insurance or has insufficient coverage to address your losses. Florida Statutes § 627.727 requires insurers to offer UM coverage with applicable motor vehicle liability policies. A named insured can decline this coverage in writing or choose lower limits.
After an uninsured or underinsured vehicle collision in Clermont, your policy terms and coverage selections matter. State law also treats a vehicle as uninsured for UM purposes when the at-fault driver’s bodily injury liability limits are less than the damages you sustained. One of our attorneys could review the policy documents and determine whether UM/UIM benefits may be available.
How Are UM/UIM Claims Different?
A UM/UIM claim is generally a first-party claim against your own insurer, but that does not guarantee payment. You still must establish the other driver’s legal responsibility and the extent of the harm the crash caused. Your insurer may dispute fault or the value of your claim even though you paid premiums for the coverage.
Car crashes in Clermont involving UM/UIM coverage may also raise questions about stacking. Depending on the policy, stacking can combine UM limits of multiple insured vehicles to increase the available coverage for a single loss. State law permits insurers to offer nonstacked UM coverage with specific limitations, so the policy language and signed coverage selections are important.
Practical Steps for Protecting Your Claim
After a car accident in Clermont with an uninsured or underinsured motorist, notify your own insurer promptly and follow your policy’s claim requirements. Keep written confirmation showing that the other driver lacked coverage or had insufficient limits, and preserve your crash-related records. If an underinsured driver’s liability insurer proposes a settlement, state law includes notice procedures that may affect how you preserve your UM/UIM rights before you settle.
Acting quickly also helps protect evidence related to fault. Under Fla. Stat. § 768.81, modified comparative negligence applies to the underlying negligence claim. If your percentage of fault is 50 percent or less, the law reduces your recoverable damages proportionately.
If your actions contributed to more than 50 percent of the harm you sustained, you generally cannot recover any damages. As UM benefits depend on what the law allows you to recover, fault can directly affect the claim.
Call Our Clermont Attorneys for Help With a UM/UIM Vehicle Crash Claim
Insurance coverage questions become complicated when the responsible driver cannot fully cover your losses. Uninsured/underinsured car accidents in Clermont require careful review of both the crash and the policy language.
One of the attorneys at Largey Law Firm could review the available coverage and explain what to do next to protect your claim. Contact us today to schedule a consultation.
