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BUCKS COUNTY UNINSURED ACCIDENT ATTORNEY
The Bucks County, Pennsylvania and New Jersey uninsured motorist insurance lawyers at Kats, Jamison & Associates understand that being in a car accident is a stressful enough experience. It can become even more stressful when you find yourself involved in an accident with an uninsured driver. If you are involved in an accident with an uninsured driver, you will not be able to recover money from their insurance since they do not have any. You may be able to recover compensation through your own insurance company, as long as your policy includes uninsured motorist insurance protection.
Time is of the essence. You will need the Law Office of Kats & Associates to file the claim within a matter of weeks. Make sure to consult an attorney as soon as possible to protect all of your legal rights.
HOW UNINSURED MOTORIST CLAIMS WORK
Uninsured motorist cases start with proving that the other motorist has no insurance or the accident was a hit-and-run. In addition, you must prove that the other driver was at fault. You must also prove how much the accident cost you. At Law Office of Kats & Associates, we will conduct a thorough investigation into all of these matters to ensure that you recover compensation for all of the money to which you are entitled through your uninsured motorist claim.
Uninsured motorist (UM) cases are tried depending upon your insurance policy. While some uninsured motorist cases are held in a regular courtroom before your local court of common pleas, most uninsured motorist cases are not tried in court. They take place before a panel of three arbitrators, three independent hired to settle the dispute. One is chosen by the insurance company, one chosen by your attorney on your behalf, and a third chosen by the other two arbitrators. The attorneys at the Law Office of Kats, Jamison & Associates have worked with many arbitrators throughout their legal careers and know how to pick the best arbitrator for your particular case. The three arbitrators listen to the facts of your case and together they reach a decision based upon that evidence.
UNDERINSURED MOTORIST CLAIMS
Claims filed against the at-fault driver with insurance are called third-party claims. On the other hand, claims for uninsured or underinsured drivers are typically referred to as first-party claims. d plaintiffs routinely bring these claims after car accidents looking to gain some financial help for the damages from the at-fault driver’s insurance. In first-party claims, injured car accident victims essentially bring claims—or file lawsuits—against their own insurance companies. Thus, the accident victim’s own insurance company is a defendant in the lawsuit, and the lawsuit is based upon a breach of contract rather than upon negligence.
Underinsured motorist coverage may apply in cases where the costs of the accident victim’s medical treatments, injuries, and damages exceed the at-fault driver’s policy limits. In that case, the at-fault driver is deemed “underinsured.”
To make an underinsured motorist (UIM) claim against your own insurance company, you must first exhaust all other applicable insurance policies of the defendant’s insurance. For example, if the driver who caused your accident had a $30,000 liability insurance policy and you, the injured accident victim, have a UM/UIM insurance policy with a policy limit of $100,000, then you must first exhaust the $30,000 liability policy before turning to your $100,000 UM/UIM policy.
FIRST-PARTY BAD FAITH CLAIMS AGAINST INSURANCE COMPANIES
A legal contract, such as an insurance policy, contains terms and conditions by with the driver and the insurance agree to abide. When an individual signs up for insurance coverage and signs the policy, the insurance agrees to provide compensation in unexpected situations, such as car accidents.
A first-party bad faith insurance claim is a breach of contract. In other words, in a first party bad faith claim, the covered individual—or the injured car accident victim — claimed that the insurance company did not comply with the insurance policy’s agreement and refused to pay an insurance claim, or paid out less than it should have. There are no real limits on a bad faith insurance claim, even in cases where the claim’s value exceeds the UM or UIM policies maximum limits of liability.
If you feel that you have a bad-faith insurance claim emerge from the injuries and damages you sustained in a Pennsylvania or New Jersey car accident, the knowledgeable lawyers at Law Offices of Kats & Associates may assist you with your case. Our experienced lawyers are knowledgeable with the arguments commonly raised by insurance adjusters when they deny claims or refuse to pay or defend them. Our lawyers can review the facts and may challenge an insurance adjuster’s decision in your case.
ASSESSING GOOD FAITH AND BAD FAITH WHEN IT COMES TO UNINSURED AND UNDERINSURED MOTORIST CLAIMS
Uninsured and underinsured motorist coverage can range from as little as $30,000 to millions of dollars. In virtually every car accident case involving a uninsured and underinsured motorist, your insurance company has an implied duty to do the following: evaluate your claim in a fair and honest manner., and settle any claims that have been filed if it does not exceed the limits of the policy.
In an uninsured or underinsured motorist case, bad faith on the part of your insurance company may include one or more of the following:
- Denying a claim outright or failing to settle a claim that clearly falls within the insurance policy’s applicable limits
- Failing to give a reasonable basis for denying or limiting coverage
- Failing to take prompt action to investigate a claim
- Failing to properly investigate or a defend a claim for insurance coverage
- Using deceptive insurance practices when denying an UM or UIM claim
- Misrepresenting the terms of coverage or engaging in other misrepresentations in order to deny coverage
- Improperly undervaluing an insurance claim
- Offering a disproportionately low amount of money to settle an UM or UIM claim, which is insufficient to compensate an accident victim for the personal injuries and damages caused by the accident
CONTACT A PENNSYLVANIA OR NEW JERSEY UNINSURED MOTORIST CLAIM LAWYER AT KATS JAMISON & ASSOCIATES TODAY FOR A FREE INITIAL CONSULTATION AND CASE EVALUATION
Insurance companies improperly deny and refuse to pay valid insurance claims all the time. When this happens, you need experienced legal representation throughout your case.
Uninsured and underinsured motorist cases are complex and require attorneys who understand how to aggressively represent their clients. At The Law Office of Kats & Associates, our Pennsylvania and New Jersey personal injury attorneys investigate every claim so that we may aggressively and zealously represent our clients and obtain the best possible results.
When you need a Pennsylvania or New Jersey personal injury attorney to represent you, a family member, or friend with an uninsured or underinsured motorist claim, call The Law Office of Kats & Associates at (215) 396-9001 or contact us online. We represent every client zealously to obtain the best results possible in each case.