Uninsured Motorist Claim

An accident with an uninsured motorist does not mean that the owner of the other vehicle in the accident has to absorb losses. If such aggrieved vehicle owner holds an automobile insurance policy, then he can resort to filing an uninsured motorist claim from his insurance provider and recover some damages.

If such insured vehicle owner has a basic policy, then such claim may be confined to $5000, unless additional cover for accidents with uninsured motorist is specifically purchased. If, however, the policy taken by the vehicle owner is the standard policy, then he or she can claim substantial damages from his or her auto insurance provider, provided there was no liability insurance policy in force covering the uninsured motorist's vehicle.
Standard policy also enables vehicle owner to claim for recovering balance damages against underinsured motorists. At times the uninsured motorist may have taken a policy, but it may not cover the type of damages that the aggrieved vehicle owner is claiming. Even these damages can be claimed from the automobile insurance provider of the policyholder.

Any uninsured motorist claims have to be filed immediately. For filing underinsured motorist claim, the vehicle owner has to prove that entire claim was not honored. Even when any automobile insurance company denies such claims, the vehicle owner can file uninsured motorist claim with his insurance company on receiving such communication in writing. Comparative negligence laws in each State of the United States govern the issue. Under these laws, it is obligatory for the insured vehicle owner to prove that the uninsured motorist was more to blame for the accident. Obviously, it follows that uninsured motorist hit and run cases will not be entertained as such things cannot be proved, nor can it be proved that the other vehicle was not covered by any liability insurance clause. If, however, such incident does happen, then filing a first party claim under collision coverage can help recover some damages. Similarly, there is a possibility of filing a third party claim. This is filed against the driver of such vehicle. As can be seen, it is necessary to identify the vehicle.

The words uninsured motorist cover even organizations, since organizations can own vehicles. It should be noted that since the insured vehicle owner's insurance provider is called upon to pay up the amounts, it would try to defend the uninsured motorist. Effectively, the insured vehicle owner has to present evidence of the uninsured motorist's fault to his or her insurance provider, such as report uninsured motorist, even sue uninsured motorist, if need be.

If there is no consensus between the insurance provider and the policyholder, on such uninsured motorist claims, then the policyholder may seek resolution to the problem through Arbitration process, if the terms of the policy so permit. If the insurance company deliberately denies arbitration requests, then filing an appeal with the insurance company's internal appeal panel is advisable.

Arbitration process starts with a written application being made for arbitration. An arbitrator is selected is selected by each party, i.e., the policyholder and the insurance provider. Respective parties pay the fees of arbitrators. These two arbitrators then select a third arbitrator. The fees payable to this arbitrator will have to be shared by the policyholder, and the insurance provider. If, however, the first two arbitrators fail to select the third arbitrator within 30 days of their appointment, a judge from a court under whose jurisdiction the matter comes selects the third arbitrator. The decision of arbitrators is deemed final, but arbitrators cannot award more than the minimum limit for such liability as defined under any Financial Responsibility laws. There may be other processes defined under the policy for resolving such disputes, and if so, they become applicable. If such final settlement awarded by the arbitrators were not acceptable to the policyholder, then filing a case within the period specified under limitation act would be the next course available to the policyholder.