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Underinsurance Process

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michaelphillips

Junior Member
What is the name of your state (SC)?

can someone tell me what the process is to go after an underinsurance claim? i was hit by another driver and their coverage limits only paid about half my medical bills. i had spinal fusion and still have problems. they paid the full amount of their policy limit and i signed a release.

my insurance company is being difficult. if i file suit, would i file against the person that hit me, or against my own insurance company.

mike
 


ecmst12

Senior Member
If you are having trouble with your insurance company, you should talk to a lawyer. A bad faith lawsuit (against your insurance company) is a complicated prospect.
 

michaelphillips

Junior Member
i am talking to an attorney.....but that didn't answer my question. if you are going to file suit to collect underinsurance from your car insurence, do you file suit against the individual that hit you, or against your own insurance company?

i am just trying to understand the process.

mike
 

Zigner

Senior Member, Non-Attorney
i am talking to an attorney.....but that didn't answer my question. if you are going to file suit to collect underinsurance from your car insurence, do you file suit against the individual that hit you, or against your own insurance company?

i am just trying to understand the process.

mike
You signed a release. You cannot sue the other driver. Your beef is now with your insurance company.

Please expand on your statement that your insurance company is being "difficult"...
 

michaelphillips

Junior Member
the person that hit me did not have enough insurance to pay my medical bills.

my insurance sent me a letter back on 5.11.2010 stating that i had 100k in "underinsured motorist - bodily injury" at the time of the accident.

then they sent me another letter on 7.5.2010 saying my claim was denied because it fell under "medical or no fault" coverage, which i don't have.

my question is does not having "no fault" coverage wipe out my underinsurance coverage? now my attorney is filing suit against the guy that hit me.

i thought that i had released allstate and the other driver when i got their settlement. do you have to file suit against the person that hit you in order to collect underinsurance from your own insurance?
 

ecmst12

Senior Member
I didn't think so, but you really should ask your lawyer. He knows much more about your case then anyone else.
 

michaelphillips

Junior Member
other driver had 25k....i have 100k in underinsured motorist - bodily injury. i still have medical bills from my surgery.

i just don't understand what "no fault" coverage has to do with underinsured motorist coverage. they denied the claim because they said i did not have "no fault" coverage.
 

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