Uninsured Motorist

UNINSURED AND UNDERINSURED CAR ACCIDENT LAWYER IN HUNTSVILLE AND DECATUR

We can help you in Madison, Morgan, Lawrence, and Limestone Counties and the surrounding areas.

Have you or someone you care about been involved in an accident with an uninsured or underinsured motorist in Huntsville or Decatur, Alabama? Have you been hit by a car that left the accident scene, or do you not have enough insurance coverage to take care of yourself? Did you know that one in three Alabama drivers is driving without any automobile insurance coverage? Is it worth filing a lawsuit against someone with no money or insurance? We understand that being hit by an uninsured or underinsured driver can make a stressful experience even more worrisome. If you have been hit by an uninsured motorist, there may still be a solution for you. If you have uninsured motorist (UM) coverage on your auto insurance policy, you can make a claim against your own insurance company for your losses, or if you do not have auto insurance coverage, you still may be covered if you were a passenger in someone else’s vehicle and the owner of the vehicle you were in has UM coverage, or you live with someone who has UM coverage. We know you have questions, and we are here to help. When you have been seriously injured in a car accident, you need to call an attorney for serious accident victims. Randy W. Ferguson is Decatur and Huntsville’s premier car accident lawyer. We offer no obligation, FREE CONSULTATIONS. We also have a LOWEST FEE GUARANTEE. Home and hospital visits are available if you are unable to come to our Huntsville or Decatur offices. Call 256-534-3435 or 256-350-7200. We are here to help you.

What are Uninsured and Underinsured Motorist?

(UIM) is similar but not the same as uninsured motorist (UM) coverage. UIM applies when the person who caused your accident has auto liability insurance but the limits are not high enough or sufficient to fully compensate you for your losses. Every auto insurance policy offered in Alabama must include uninsured/underinsured motorist coverage (also known as UM/UIM coverage), according to the state’s uninsured motorist legislation. The insurance company may require the insured to sign a written waiver denying this coverage to get around this requirement. If you are involved in a car accident that is caused by someone else, you may seek compensation through the other driver’s liability coverage. However, if the other driver’s coverage does not exist or only covers the minimum amount required by law ($25,000 per person and $50,000 per accident), you may need to rely on your own UM/UIM coverage to help cover medical bills and other damages. It is recommended to always choose this coverage in Alabama, but it’s important to consider increasing your coverage limits beyond the minimum requirements. Even if you have the minimum levels of UM coverage, it may not be enough to cover the costs of serious injuries and extensive vehicle damage in the event of an accident.

(UM) coverage applies when the other party does not have any auto insurance at all. You do not have to be an automobile driver or passenger to be eligible for benefits. Your automobile UM/UIM policy applies even if you were a pedestrian, bicyclist, motorcyclist, or bystander, if the motorist who caused your injuries was uninsured or underinsured. Uninsured motorist coverage can also apply when someone is injured in an accident with an unidentified hit-and-run vehicle. Most underinsured motorist policies do not require the insurance company to pay if the insured person has settled with the other driver’s insurance company. Therefore, you must consult with a firm that is experienced in dealing with auto accident cases before you settle any portion of your claim. Auto accidents involving uninsured motorists can be extremely serious and may result in hundreds of thousands of dollars in property damage, medical expenses, and other costs. If you have more than one car with uninsured and underinsured coverage, you can also stack the coverages in Alabama.

Many people worry that reporting an accident to their insurance carrier will raise their rates, but this is not the case. If you were not at fault, your insurance company cannot raise your premiums for using your UM/UIM coverage. Uninsured and underinsured motorist cases have many issues that the average injury lawyer may have difficulty understanding. Uninsured motorist claims can be complex, so you must hire an experienced attorney to help you through the process.

How do I Know if I Have Uninsured Motorist Coverage?

Everyone who purchases auto insurance in Alabama must be offered uninsured motorist coverage. Unless you decline this coverage in writing, your policy most likely includes coverage for accidents involving uninsured and hit-and-run drivers. You also have purchased underinsured motorist coverage normally. A simple call to your agent and a review of your policy will show if you have coverage.

What is stacking?

In Alabama, if you have multiple vehicles covered by uninsured motorist insurance, you can use a method called “stacking”. This method multiplies the uninsured motorist coverage by up to three times, depending on how many vehicles are on a single insurance policy.

How Many Policies can be Stacked?

In the state of Alabama, if all the coverages being stacked are under the same policy, only a maximum of three vehicles can be included. For instance, if a person has four cars insured under the same policy with the minimum UIM coverage of $25,000, they can only stack coverage for three of those cars, which would result in $75,000 worth of coverage. The fourth vehicle cannot be stacked.

However, Alabama law permits stacking an unlimited number of insurance policies. In the same example, if two cars are insured under a policy with ABC insurance and the other two are under XYZ insurance, John can stack $100,000 worth of coverage since he is stacking two separate insurance policies.

Regarding stacking coverage, three types of classes are generally identified: (1) the named insured in the policy, which may include family members and relatives (as long as they are residents of the named insured’s household); (2)
a person who was occupying a covered vehicle (who may also be able to stack their policies), and (3) any other person who may recover due to bodily injury that falls under the specific policy, such as an employee.

Medical Insurance Versus Uninsured Motorist

Some individuals may choose to skip uninsured motorist (UM) coverage after their insurance company informs them that it is not necessary since they already have health insurance. However, this is not a wise decision. Even if you have a good health insurance policy, it only covers medical treatment expenses. In the event of a severe car accident, you may be eligible for much more than just medical treatment. If the at-fault party does not have insurance or their insurance policy does not cover all the damages, UM coverage can compensate you for damages beyond medical bills, such as lost wages, lost earning capacity, pain and suffering, mental anguish, and more. So, it is advisable to obtain UM coverage even if you already have health insurance.

Why Hire Uninsured/Underinsured Motorist Attorneys Ferguson and Ferguson

The law offices of Ferguson and Ferguson take pride in handling your insurance cases.

  • You talk to an attorney, not secretaries.
  • We are committed to excellent client service.
  • We care about our clients and their families.
  • Free phone consultation 7 a.m. to 7 p.m. and Saturdays
  • Free office consultation as late as 7 p.m. and Saturdays also.
  • Locations in Decatur and Huntsville.
  • We will come to you if you are injured in North Alabama.
  • We answer all our client’s calls or return them promptly the same day.
  • We keep our clients informed of the status of their cases.
  • We make sure that our clients understand each step of their case.
  • We have great compassion for the physical, emotional, and financial problems that our clients suffer, and we will do everything possible to get them through their difficult times.

How can passengers in Alabama protect themselves and seek compensation if their claim is initially denied by the insurance company?

When passengers in Alabama are injured due to a driver’s negligence and their insurance claim is denied, it is crucial not to despair or accept the denial as final. Engaging a knowledgeable attorney is a vital step in protecting your rights. Such an attorney can reassess your case, contest the denial through an appeals process, and clarify any legal exceptions that might benefit your situation. It is essential to understand that an initial rejection from the insurance company does not mark the end of your options for obtaining compensation for your injuries and losses. By partnering with a legal professional well-versed in Alabama’s specific laws, you can effectively pursue the compensation you deserve.

Free Consultation

If you were injured by an uninsured or underinsured motorist and decide to make an uninsured motorist claim/underinsured motorist claim, you should hire an attorney with experience handling these claims. If you’re involved in a car accident, regardless of your insurance coverage, it’s advisable to consult with a car accident attorney. Although a UM claim is with your insurance company, their goal is still to minimize payouts. You need someone who will advocate for your best interests.

You may be able to claim coverage from multiple vehicles through “stacking,” even if you weren’t in a vehicle listed on the policy. Also, for an underinsured motorist claim, you must follow the correct procedures to maintain your coverage under Lambert v. State Farm or risk losing your right to UIM coverage. Let our experienced car accident attorneys manage your claim so that you can focus on getting better. Without the assistance of a skilled Alabama attorney, the insurance companies will often underpay, delay, or wrongfully deny payment of benefits to their policyholders. If you have been injured or your vehicle was damaged in a collision with an uninsured motorist, please contact the Decatur and Huntsville uninsured motorist law firm of Ferguson & Ferguson for a free initial consultation and case evaluation. You do not pay unless you recover. Call now.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street, NE
Decatur, AL 35601