I recently represented an individual seriously injured by an underinsured driver. The negligent driver had only the required minimum insurance for bodily injury which was paid in full by his insurance company. The amount paid covered only a fraction of my client’s past medical bills and the negligent driver had no substantial assets to cover my client’s mounting medical expenses and damages. The client was left with substantial losses for past medical bills, future medical bills, past and future pain and suffering, and past and future lost wages due to his inability to work as a result of the injuries.
After speaking with the client and reviewing his insurance policy on his vehicles, I fortunately discovered that the client had not waived underinsured motorist coverage when purchasing his insurance policy. Additionally, the client had not waived stacking of coverage which allowed him to add together the limits of underinsured coverage he had for each vehicle for which he was an insured. The policy of my client provided sufficient coverage for his damages; however, his insurance carrier disagreed on the amount of damages to which my client was entitled.
In accordance with Pennsylvania insurance regulations and the client’s underinsured policy, a demand was made to proceed to arbitration before three arbitrators so that a final decision could be rendered regarding the amount of the client’s damages. The arbitration panel reviewed the medical records, expert medical opinion evidence secured by Goebert Law LLC, and listened to testimony of the client and family members and ultimately awarded a very favorable amount to the client.
If you or a loved one has been injured in an accident by an underinsured driver, it is imperative that you have your insurance coverage evaluated by an experienced attorney. In general, a person has underinsured coverage unless they have effectively waived such coverage. Additionally, unless waived, your underinsured coverage for each vehicle for which you are insured may be added together to maximize recovery for all of your damages. There are specific requirements that must be met in order to effectively waive underinsured coverage and/or stacking of underinsured coverage. Goebert Law LLC has the expertise to evaluate whether a waiver was proper and persistence to recover all of your damages and benefits to which you are legally entitled.
In general, the statute of limitations on underinsured motorist claims is four (4) years and begins to run when one settles with, or secures a judgment against, the underinsured owner or operator of the vehicle at fault for the accident. It is therefore important that you act expeditiously and have your claim evaluated by an experienced attorney. Even if you believe you have waived underinsured coverage, have your case evaluated by an attorney as waivers can be proved improper and ineffective. Please contact Goebert Law LLC for a free consultation and evaluation of any automobile accident claim you may wish to pursue.
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