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  1. #1
    michaelphillips is offline Junior Member
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    Underinsurance Process

    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
  2. #2
    ecmst12 is offline Senior Member
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    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.
  3. #3
    michaelphillips is offline Junior Member
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    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
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by michaelphillips View Post
    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"...
  5. #5
    michaelphillips is offline Junior Member
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    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?
  6. #6
    ecmst12 is offline Senior Member
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    I didn't think so, but you really should ask your lawyer. He knows much more about your case then anyone else.
  7. #7
    tammy8 is offline Senior Member
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    What were the other driver's limits and what are your underinsured limits?
  8. #8
    michaelphillips is offline Junior Member
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    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.
  9. #9
    ecmst12 is offline Senior Member
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    First step would be reading your policy in its entirety. That might give you a clue.

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