Getting Legal Help in Uninsured & Underinsured Motorist Claims


Do You Need an Attorney to Guide You through This Process If you are Not Looking at Filing an Actual Lawsuit in These Cases?

If you are not looking at trying to recover from your own UM or from the other driver personally and there is no insurance, then there is really no reason to hire an attorney at that point.

How Can An Attorney Assist You In A Case Like This Where You Feel Hopeless?

The first thing that the Franco Law Group does is the investigation at the very beginning of the case to determine if there is uninsured or underinsured motorist coverage. We do a request to the insurance company pursuant to the statute. They have thirty days to respond to it. Again, some people do not know what coverage they have, so a lot of times, the insurance company will just respond and say there is no UM. The thing to know is there is an additional form that has to be filled out by the insured. In most cases, this is usually the perspective client. If they have bodily injury coverage in any amount, the minimum being $10,000, then they have to have been provided with a form by their insurance agent as a selection or rejection form that says, “I understand that I have the right to UM insurance but I am rejecting it” and they have to have it signed and dated it. If they do not provide that, then the insurance company has to provide UM or UIM benefits to the same level as the bodily injury benefits that were purchased by the potential client or the insured. That is one part of the investigation that a law firm like Franco Law Group can help them with.

Another part of the investigation is making sure that there is no insurance out there. Sometimes, the person that is driving the vehicle is not the owner of the vehicle. So you also look to the owner of the vehicle’s insurance as well as the driver of the vehicle, and then you can look to see again is there assets for either the driver or the owner of the vehicle. The biggest part at the beginning of the case is to assess what the damages are, both property as well as personal injuries, and to assess what the insurance coverage is. That is a lot of the footwork that the attorneys will do at the beginning of the case that an individual, that does not really have any normal business in this field, would not really know how to go about getting it. You cannot just contact the Department of Motor Vehicles and ask them for insurance information because it is protected under the law and they will not give it to you.

What Generally The Outcomes Are For Clients In UM Cases?

Generally, the results are good as long as there is coverage. If the client has their own UM insurance or a passenger in a vehicle or someone who had UM insurance, then there are usually favorable outcomes. The most important factor is to get the information on coverage and injuries early on in the case. If somebody is being treated by a physician and needs emergency care, if they have a surgical recommendation and they are going on treatment for six to eight months, but they have not checked into coverage, when they find out that their coverage is only $10,000, they are really not going to get any money in their pocket from that. That is because of all of the medical expenses are already out there. Therefore, it is very important to get the information as soon as possible. So the earlier you get an attorney involved in a case, the better your outcome is generally going to be.

If you need Legal Help in Uninsured & Underinsured Motorist Claims, call the Franco Law Group P.A. for a FREE Initial Consultation at (813) 873-0180 and get the information and legal answers you’re seeking.

Get your questions answered - call us for your free consultation (813) 873-0180