If you or a loved one was injured in a car accident, and the negligent driver’s insurance company cannot cover your full damages, call an underinsured motorist claims lawyer in St. Louis from Burger Law now at [dynamic-phone-number] or contact us online for a free consultation.
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Burger Law’s St. Louis car accident lawyers have gotten great results in underinsured motorist claims:
“Through all this time, the Burger Law team worked with the client and aggressively pursued the liable party. After the initial claim adjuster refused to offer the policy limits, we filed suit, and pressed the defendant further, revealing more insurance than was initially disclosed during the discovery process.” Schedule a free case evaluation here. Personal Injury Attorney
Gary Burger
While uninsured motorist coverage is required in Missouri, underinsured is not. That means it has to be in your policy to make a claim. Auto accident damage can quickly add up to tens of thousands of dollars. Our car accident lawyers always recommend adding that to your coverage.
If you have it, you can use underinsured motorist coverage whenever your damages exceed the at-fault driver’s policy limits. So, if you are owed $50,000 in compensation, but the other driver has a policy limit of $25,000, you can make an underinsured claim with your own coverage. It is important to note that you must exhaust all of the at-fault driver’s coverage. If you only get $24,000 from the other insurance company, your insurance will not cover the rest. An experienced car accident lawyer will be able to ensure you get the maximum allowed under the other driver’s policy limits.
The minimum level of coverage required by Missouri law is:
After an auto accident, you deserve to be fully compensated for your injuries and the impact they have had on your life. But sometimes, your damages exceed the liable party’s policy limits. When that happens, you can file an underinsured motorist claim with your own insurance company. However, just because it is your insurance company, that does not mean it is going to be easy to get them to pay the rest of the damage. A proven St. Louis underinsured motorist lawyer like those at Burger Law will fight for you to get you the full compensation you deserve.
Whenever you are injured in a car accident, you need to notify both your insurance company and the other driver’s insurance company. While you will initially deal with the at-fault driver’s company, not notifying your own will make it more difficult to file an underinsured claim. Make sure you have a claim number for both policies.
To make an underinsured claim, you first have to reach a settlement with the at-fault driver’s insurance policy and exhaust all of their coverage. You can do that after you get all of your medical care, reach Maximum Medical Improvement and have your wage loss and pain and suffering documented and calculated. If your damages exceed the policy limits but the insurance company does not want to offer full coverage, hire a car accident lawyer immediately.
Once you have exhausted the at-fault driver’s coverage, you need to turn to your own insurance company. The company will give you a separate underinsured claims adjuster. Sometimes, your own insurance may not admit you have underinsured coverage, or they might not be helpful in telling you how to make that claim. Make sure to make the claim in writing, with full documentation of your damages. If the adjuster is not being helpful or is telling you that they do not have to cover your damages, it is time to hire a St. Louis underinsured motorist claims lawyer.
In Owners Ins. Co. v. Craig, 514 S.W.3d 614, the Missouri Supreme Court ruled that insurance companies can “offset” the coverage in underinsured motorist claims. For example, say the at-fault driver had a $25,000 policy limit, and your underinsured policy limit is $100,000. Your insurance company would be allowed to subtract the $25,000 from the $100,000, meaning your coverage under your policy is really only $75,000. Our auto crash lawyers at Burger Law think it is pretty dishonest of the insurance companies to have you pay a premium for $100,000 in underinsured coverage when they are never going to actually pay all of it, but current law allows them to do it.
There is one caveat. Missouri Revised Statute §379.204 states that:
Any underinsured motor vehicle coverage with limits of liability less than two times the limits for bodily injury or death pursuant to section 303.020 shall be construed to provide coverage in excess of the liability coverage of any underinsured motor vehicle involved in the accident.
Meaning, if your underinsured coverage is less than $50,000 (less than twice the minimum coverage), and you recover the minimum $25,000 from the at-fault driver, you can still get $25,000 from your own insurance as “excess” coverage. The intent of the law is to stop insurance companies from offsetting the entire amount of purported underinsured motorist coverage.
While it would be nice if your insurance company would easily agree to pay you back for the money you have paid them, unfortunately that is not the case. Insurance adjusters, no matter who they work for, will try to devalue your claim. If your damages are high enough that they exceed the minimum coverage, that makes it even more likely that an insurance company will fight your claim. That is when your St. Louis underinsured motorist claims lawyer at Burger Law steps in and fights for your rights. As your legal advocate, we will:
At the first hint that an insurance company is not being fair, you need to consult with an auto accident attorney right away. Never sign anything or settle your case without speaking to a lawyer first.
We offer free consultations and are available 24/7 to take your call. Live chat, text, and virtual meetings are available.
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At Burger Law, our underinsured motorist claims lawyers have dedicated their careers to standing up to bullies like resistant insurance companies. In our 30 years, we have secured over $200 million in verdicts and settlements for our clients in St. Louis, and throughout Missouri. No one should have to pay for the mistakes someone else made, and insurance companies need to be held accountable when they do not fulfill their obligations. We will make sure justice and fairness are achieved and fight on your behalf so you can focus on healing. Call Burger Law today at [dynamic-phone-number] or fill out our online form to discuss your underinsured claim today.
Other car accident cases we take on in St. Louis and throughout Missouri include:
If you were injured in a car accident in St. Louis, or anywhere in Missouri, see how much your claim may be worth by using our free personal injury calculator.
