Law Blog

Personal Injury Lawyers » Can I File an Underinsured Motorist Claim?

In Order to File an Underinsured Motorist Claim, You Must Have Exhausted the Liable Driver’s Insurance Policy First

The quick answer is no. An underinsured motorist claim is a claim brought through your insurance coverage to make up for whatever damages that exceed the policy limits of the at-fault party’s insurance; such as loss of wages, medical bills, physical damages, property damage, and other like forms of damages. If you were to settle your claim for the maximum policy limits you will be able to make an underinsured claim with your insurance company, but by taking a settlement offer that is less than the policy limits you forfeit your rights to make an underinsurance claim. This is because by settling for less than policy limits you are in effect consenting that sum of money will cover all your injuries arising out of the accident.

How Can I Make Sure That I Settle at the Maximum of the Policy Limits?

Negotiating settlements without a lawyer is extremely tricky, the insurance company and their representatives are skilled and trained at what they do; they will try to take advantage of your lack of experience and lack of attorney representation to persuade you to settle for less than what you deserve. In negotiating settlements the Stowers Doctrine has been long used to facilitate fair settlement procedures.

Often times insurance companies will impose a tactic known as shaving, this is offering a settlement of less than the policy limits of their policy in order to save money. The Stowers doctrine provides that if an insurance company fails to accept a reasonable settlement offer from the plaintiff and the action proceeds to court, the insurance company will be liable for the entire judgment even if such judgment exceeds the amount of the policy limits of the insurance coverage.

Certain elements need to be met before the doctrine is activated. Stowers inflicts no duty on an insurance company to make independent efforts to settle. The insurance company is only required to respond to settlement offers that it receives from the plaintiffs. In order to qualify, the offer must be a clear offer to release the insurance company and their client from all liability for an amount that is within the limits of the policy. The insurance company must be given a reasonable time to respond.

Do you have a legal issue or question? Call us now.

The duty to settle under Stowers is not unconditional. The insurance company is not required to settle if a reasonable uninsured would not do so. However, these types of claims are rarely successful. To be successful in these type cases it is important to be represented by someone who will serve your best interest, will inform you of your rights, and has experience in all facets of personal injury law. The attorneys at our law office have more than 20 years of experience in the practice of personal injury law and will make sure that you receive the maximum amount of recovery that you are entitled to under the law. Call us for further information on how they can serve you.

The risks of car accidents are well-known. But what happens when those accidents are caused by tire defects? Read on for more information on the dangers and mechanics of tire defects, including information on how consumers can fight back.

The term “tire defect” is a blanket term that refers to situations in which a tire that has been defectively designed and/or defectively manufactured tire experiences a failure or tire blowout. Tire defects can lead to a loss of tread and the top belt on the tire, which can contribute to a deadly rollover accident. It is extremely hard to control a vehicle when there is a tread separation. As the tread and top belt begins to separate, a deadly chain of events is set into motion, including a loss of vehicle control, and a rollover or collision.

It is worth noting that tire failures are often referred to by police and others as a “blowout.” While a tire blowout and sudden loss of air pressure can occur and cause loss of vehicle control, there are many instances where a tread-belt separation or other type of tire failure does not result in the loss of air pressure. Regardless of how the tire failed or whether there was a sudden loss of air pressure, our attorneys have the skills, knowledge, and experience to investigate your accident and provide the best representation available.

“Tire defects can lead to a loss of tread and the top belt on the tire, which can contribute to a deadly rollover accident.”

Why do tire defects occur? Some are due to poor designs by the tire manufacturers; other defects are caused by a defective and negligent manufacturing process itself. There are a variety of different types of design defects that can cause tire failures, including lack of a nylon cap ply, nylon overlay, or nylon cap strip; inadequate skim stock formula; and failure to utilize effective or sufficient anti-oxidants that prevent the premature aging and cracking of tire rubber. Defectively and negligently manufactured tires can also cause tire failures. Common manufacturing problems include improper placement of the steel belts during the manufacturing process; insufficient coating of the steel wires with skim stock rubber; the presence of contamination; insufficient bonding, adhesion, and vulcanization; inner liner splices that allow for air to escape; dog ear splices; use of solvents during the tire assembly process; and improper storage of tire components prior to the assembly process. Whether the tire failure is due to a design or manufacturing defect, the consequences can be sudden, unexpected, and deadly.

Once these tires are sold and placed on vehicles, serious risk can result. Normal driving conditions – even driving over substances like dirt or grass – can spark a blowout that endangers life and limb. And the consequences can be fatal: rollover accidents or accidents that involve loss of control of the vehicle are extremely risky to a car’s driver and passengers and can even affect other vehicles on the road.

What recourse do consumers who have purchased defective tires have? Luckily, manufacturers who sell products with tire defects can be taken to task in civil court. A product liability lawsuit filed by a competent and aggressive attorney can produce compensation for the victim’s injuries and associated costs.

If you’re looking for a tire defect attorney, choose carefully. Reputation, results, and resources are the three “Rs” you should seek. Our firm has all three. Our track record is second to none, and our office has what it takes to investigate and litigate complex tire defect cases…even against the biggest manufacturers.

Have you been injured in a tire defect accident? We can help. Call today for a free case consultation and more information.