The Swain Law Firm represents clients in cases involving uninsured and underinsured motorist claims. Most serious auto accidents involve UM or UIM claims because most drivers purchase the minimum level of required coverage for bodily injury claims. For example, if the defendant driver's policy has $15,000 of coverage, and your injuries and economic losses are valued at $50,000, you are entitled to submit a UIM claim.
However, you can only submit this claim if the vehicle you were in or the vehicle you own has an insurance policy where UIM coverage was selected. If this coverage option was waived from any available auto policy triggered by your accident, then you will not be entitled to recover additional insurance proceeds. Also, the monetary limits of your UIM policy or policies will cap your recovery. Likewise, if the defendant driver was uninsured, you can obtain UM benefits from your auto carrier, but again, only if this option was selected.
UM or UIM claims are usually resolved through negotiations carried out with your insurance carrier. When a dispute arises, claims are usually resolved through Arbitration. Having your UM or UIM claim resolved in Court depends on what your insurance policy states, and the law of your State. In Pennsylvania, insurance carriers are no longer required by law to arbitrate these claims. In New Jersey, you and your insurance carrier may have the right to appeal an Arbitration decision if a timely appealed is filed. In such cases, a jury will decide the case.
Andrew D. Swain, Esq., not only represents plaintiffs in UM or UIM hearings, but he also serves as a plaintiff's appointed arbitrator to resolve these cases for other litigants.