What Happens If I Was in an Accident With An Underinsured Driver in Pueblo, CO

When you have a car accident, and it’s the fault of someone else’s carelessness or irresponsibility, you are entitled to compensation for your injuries. What happens, however, when you go through the long and painful process of getting a settlement only to find that the insurance company won’t even cover half of what you’re owed? That’s where a uninsured, or underinsured driver claim comes into the picture. Learn about underinsured motorist coverage, why you need to have it, and how a qualified Colorado personal injury lawyer can help your case.

Liability and Settlements

The key to getting a settlement in a car accident case is to prove negligence; that is, that the other party behaved in a way that was irresponsible, and that irresponsible behavior was the direct cause of the accident and your injury.

In such an accident, you can be eligible for many types of damages, including: lost wages, lost future potential earnings, emotional trauma, pain and suffering, medical bills, loss of quality of life and more. But you may not actually get paid the full amount of your settlement.

When Your Settlement Can’t Be Paid

Besides the limits on what the law allows you are allowed to sue for, there are practical limits on the settlements you can receive. Those limits are based on the policy limits of the person paying for your injuries. Sure, your court settlement may award you a million dollars, but if the defendant can’t pay that million, you won’t see it.

For example, let’s say you are in an accident with a drunk driver. You file an injury claim and are awarded $500,000 in medical bills, lost wages, damage to your quality of life, pain and suffering and other damages. Unfortunately, the driver’s insurance policy only covers them up to $200,000. You’ll only receive a $200,000 settlement in the end.

How Underinsured Motorist Insurance Works

If you have underinsured motorist coverage, it will kick in to pay some or all of the remaining money, should the defendant in your case be unable to pay out. Just having such a policy, however, doesn’t guarantee a full payment with . You will only receive the difference between what the defendant’s policy pays, and the maximum on your policy.

Thus, in the above scenario if you have underinsured coverage of $400,000, and the defendant’s policy maxes out at $200,000, you won’t receive the remaining $300,000. Rather, you receive the difference between your policy limit and theirs — $200,000.

While this may not guarantee that you get the full settlement the courts have granted, it’s certainly better than getting cut off at the limits of the guilty party’s policy!

Pueblo Car Accident Lawyer

Of course, the first step in your claim is to get a settlement. In order to do this, your best bet is to secure the services of a Pueblo car accident lawyer. Besides policy limits, there are a number of tactics insurance companies will use to avoid payment and deflect blame, and the right attorney will ensure that your rights are protected and you get the settlement you deserve.

For many years, the attorneys at Heuser & Heuser have served clients in the state of Colorado and helped many people to get the money to which they’re entitled with an underinsured driver claim. If you’re in such a situation and need legal help, give us a call to talk about your case. There’s no charge for the consultation.

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Frequently Asked Questions

There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.

Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.

Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.

We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.

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Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909

No Fee Unless You Win

Questions or Schedule A free Appointment? Click to Call (719) 520-9909

Our Attorneys

Attorney Gordon Heuser | Heuser & Heuser | Colorado Springs

Gordon J. Heuser, Esq.

Attorney

As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…

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Barkley D. Heuser, Esq.

Attorney

Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…

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Brennan Heuser | Personal Injury Attorney | Colorado Springs

Brennan D. Heuser, Esq.

Attorney

Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…

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Want To Learn More About Your Colorado Car Accident Case? Download Our EBook, On Us!

We wanted to find a way to make your car wreck case even easier for you. That is why we wrote this guide that will provide you with the critical information you need to know about your car accident case.

As car accident law professionals, we have seen too many individuals lose out on their maximum owed compensation. Don’t miss out on the settlement you deserve! In this book, you will learn how to:

  • Avoid the key mistakes that can derail your claim.
  • Know what you should and shouldn’t say if an insurance adjuster contacts you
  • Understand the dos and don’ts of social media.
  • Position yourself to collect full and fair compensation for your injuries.
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