Car accidents can be life-changing, especially when the at-fault driver’s insurance falls short of covering your expenses. In South Dakota, this scenario is all too common, making underinsured motorist (UIM) coverage a vital safeguard. If you’ve been injured in an accident caused by an underinsured driver, you might wonder if you have a valid claim and what steps to take. This guide from Moore-Faust Injury Law Group will help you navigate these questions.
What Is Underinsured Motorist Coverage?
Underinsured motorist coverage is part of an auto insurance policy designed to protect you if the at-fault driver’s liability coverage doesn’t fully cover your damages. South Dakota requires drivers to carry minimum liability insurance, but these limits might not be enough to cover medical bills, lost wages, and other expenses after a serious accident.
When Do You Have a Claim?
To determine whether you have a claim involving an underinsured motorist, consider the following:
1. The At-Fault Driver’s Insurance Is Insufficient
A UIM claim typically arises when the at-fault driver’s insurance policy limits are too low to cover your damages. For example, if your total damages are $50,000 and the at-fault driver’s policy only covers $25,000, you may file a claim under your own UIM coverage for the remaining $25,000 (or up to your policy limits).
2. You Have UIM Coverage
South Dakota does not require drivers to purchase UIM coverage, but it is a wise option to include in your policy. If you have this coverage, you can use it to fill the gap between the at-fault driver’s policy limits and your total damages.
3. You Meet Legal Filing Deadlines
South Dakota has a three-year statute of limitations for personal injury claims, including UIM claims. Missing this deadline could forfeit your right to compensation.
How to Pursue a UIM Claim
If you believe you have a UIM claim, follow these steps:
Step 1: Notify Your Insurance Provider
Inform your insurer about the accident and your intent to file a UIM claim. Provide documentation, including the at-fault driver’s insurance information and any correspondence regarding their policy limits.
Step 2: Document Your Damages
Gather evidence of your losses, such as:
- Medical bills and records
- Proof of lost wages
- Property damage estimates
- Pain and suffering journal entries
Step 3: Work with an Experienced Attorney
Navigating UIM claims can be complex. Insurance companies often look for ways to minimize payouts, even under your own policy. An attorney experienced in South Dakota personal injury law can help ensure your rights are protected and negotiate for fair compensation.
Why Choose Moore-Faust Injury Law Group?
At Moore-Faust Injury Law Group, we’ve helped countless clients in South Dakota secure the compensation they deserve after accidents with underinsured motorists. Our team understands the nuances of state laws and insurance policies, and we’re committed to fighting for your best interests.
Contact Us Today
If you’ve been injured in an accident involving an underinsured motorist, don’t face the challenges alone. Contact Moore-Faust Injury Law Group for a free consultation. Let us guide you through the process and help you pursue the compensation you need to rebuild your life.
