Our Tampa Case Story: How We Negotiated an Uninsured Motorist Claim

Our Tampa Case Story: How We Negotiated an Uninsured Motorist Claim

Our legal team helped a client in Tampa raise an uninsured motorist claim from an initial offer of $3,000 to the full $100,000 policy limit following a car accident. In this case, every aspect of our process was tested, including reviewing the policy, gathering medical evidence, building a strong claim, and staying persistent with the insurance company, which tried to pay only the minimum amount.

While our client was driving his father's car on State Road 45, together with his two children and his sister-in-law, another driver failed to give way and collided with them. The other driver died on impact, but our client, his children, and his sister-in-law did not sustain life-threatening injuries. Our client's sister-in-law was pregnant at the time, and the baby was also unharmed. We also handled the children's injury claims.

The at-fault driver did have some bodily injury coverage, but it was not sufficient to pay for our client's injuries and damages. As a result, our client turned to his own automobile insurance. His uninsured motorist coverage amounted to $100,000 and is intended for cases in which the other driver's insurance is not enough.

We then negotiated with the client's insurance company for several months, beginning at an offer of $3,000 and finally reaching the full policy limit.

Understanding Uninsured Motorist and Underinsured Motorist (UM/UIM) Coverage in Florida

If an uninsured driver crashes into you, uninsured motorist coverage can help. It is also useful when the other driver has insurance, but it is insufficient. In Florida, both of these coverages are generally included in a single UM/UIM section of your auto policy.

Here is how each applies:

• UM coverage applies when the at-fault driver does not have insurance. It covers medical bills and lost wages you otherwise could not recover, and it also applies if you are injured in a hit-and-run and the driver cannot be found.
• UIM coverage is useful when the at-fault driver's insurance isn't sufficient. It pays the amount by which your damages exceed what their insurance will cover.

Both UM and UIM policies provide financial security after an accident. You can use these policies to cover medical expenses, lost income, emotional distress, and physical pain, and it is possible to claim for pain and suffering with a UM claim.

According to Florida Statute § 627.727, all insurance companies that provide bodily injury liability insurance must also offer uninsured motorist coverage. Policyholders can reject it only in writing. If they do not reject it, the uninsured motorist coverage limits shall be the same as the bodily injury limits.

Our Client's Injuries and Treatment

Our client incurred both physical and psychological injuries as a result of the accident. He has sprains in his neck, back, right wrist, and right knee and is now experiencing continuous pain. He was taken to Tampa General Hospital by emergency services and later had chiropractic treatment, physical therapy, and pain management.

Our client was diagnosed with PTSD and began to have counseling as well as taking medication for it. His PTSD is attributed to his having found the at-fault driver dead at the scene.

Filing the Uninsured Motorist Claim With the Client's Own Insurer

As our client had uninsured motorist coverage, we submitted a UM claim to his insurance company. To file a UM claim, you must inform your insurer promptly. Reporting the claim on time matters because delays can cause the insurance company to refuse or reduce benefits.

The initial steps included:

1. Sending written notice of the claim to the carrier.
2. Providing basic accident facts, the police report, and proof that the at-fault driver's BI limits were exhausted.
3. Confirming available UM/UIM policy limits (here, $100,000).
4. Requesting a copy of the full insurance policy to review exclusions and coverage language.

Even if you submit a claim to your own insurance company, the process can still be difficult. The insurance firm will appoint an adjuster to investigate questions of fault, causation, and the extent of the damages. You must prove that the uninsured driver was at fault. Since insurance policies can be complicated, it is helpful to have Hancock Injury Attorneys deal with your claim.

In claims involving UM/UIM insurance adjusters, it is common for them to request recorded statements, full access to your medical records, and details regarding your medical history extending back several years. We assisted our client at every stage of his claim to prevent errors that might have harmed it.

The Initial $3,000 Offer: Why It Was Not Enough

The insurer assessed the client's UM/UIM claim and first offered a settlement of $3,000.

Insurance adjusters generally begin negotiations with low settlement offers because they hope injured people will reach an agreement quickly, before the full extent of their injuries and costs is established. They also tend to undervalue pain, emotional distress, and the loss of enjoyment of life.

If the client had taken up the offer of $3,000, he would have had to pay most of his medical bills and continuing care out of his own pocket with only minor recompense for the suffering he had endured. That is why we advised him not to accept a settlement that did not reflect his actual losses.

Building a Strong UM Demand: Evidence and Strategy

We prepared a thorough demand letter to the insurance company requesting the full $100,000 policy limit. A well-drafted demand letter should state who was at fault, outline the damages, and attach evidence. Since the policy limit represents the maximum sum available, we aimed to convince the insurer that our client was entitled to the full amount.

The demand letter set out our client's diagnosis, expected recovery, ongoing pain, and future medical needs. It included statements from the doctors stating that the accident was the cause of the injuries. We also attached all medical bills and estimates for future care.

To show the insurer it was obligated to pay under the UM coverage, we referred to the relevant policy provisions and Florida law. Because the at-fault driver's insurance had already been used up, we explained how uninsured motorist coverage should apply to the remainder. After receiving our detailed demand letter, the insurer agreed to pay our client the full $100,000 uninsured motorist policy limit.

What This Case Shows About UM Claims in Florida

Even when coverage exists and the customer is clearly injured, insurance companies often dispute uninsured motorist claims. Although many people believe their own insurance company will act fairly, UM claims are often contested, and insurers aim to pay as little as possible.

The exact details of the medical treatment received, the invoices, and the income you have lost can make the difference between receiving a low settlement and one that properly compensates you for your damages. If you don't have these records, the insurance company will have fewer grounds to raise its offer.

Mike Hancock, our firm's founder and head personal injury lawyer, helped secure a $100,000 settlement instead of the initial $3,000 offer. This outcome demonstrates the way Hancock Injury Attorneys deals with each motor vehicle claim: by carrying out a thorough investigation, making firm demands, and refusing to accept any amount less than what the client merits.

How Does Hancock Injury Attorneys Handle Claims Made by Uninsured Motorists?

Our process for UM/UIM cases follows a clear sequence:

1. We investigate and review the policy. This involves pulling and analyzing every relevant insurance policy to check whether it includes UM coverage, UIM coverage, whether it is a stacked or non-stacked policy, and any exclusions. We also look at PIP, MedPay, and any possible third-party sources.
2. An analysis of liability and damages involves collecting police reports, witness statements, and physical evidence to determine who is at fault. We calculate current and future damages using medical records, billing data, and expert opinions.
3. We maintain a direct line of communication with the insurance adjuster, take responsibility for all information shared, and protect our clients from tactics that could reduce the value of their claims.
4. We make demands and negotiate, supporting them with all the evidence we have.
5. We are ready to go to arbitration or trial if the carrier refuses to pay fairly.

We work on a contingency fee basis, so we are only paid if we recover money on your behalf. Our legal team handles the negotiations, paperwork, and deadlines so you can focus on your recovery after a car accident.

What Steps Should I Take After Crashing With a Driver With Little to No Insurance?

If an uninsured driver or underinsured driver hits you, these steps protect both your health and your legal rights:

• Call 911. Stay where you are, because Florida law requires it. In the case of a hit-and-run, you should immediately contact the police and give them whatever description you have regarding the vehicle or the driver. You can make a claim for a hit-and-run accident using your uninsured motorist coverage.
• See a doctor immediately. Go to an emergency room or urgent care clinic, even if the injuries appear minor. In some cases, such as with herniated discs and concussions, the full symptoms do not appear for several days. Continue with any further medical treatment as instructed.
• Get evidence by taking photographs of the vehicles, the scene, the traffic signals, and your injuries. Gather the names and contact details of any witnesses. Ask for any existing surveillance footage.
• Report the accident to your insurance company as soon as you can. Prompt reporting is important if you want to make a claim. If you delay or fail to send the required documents, this may harm your case. When it comes to recorded statements and general medical authorizations, be careful and provide only what is necessary.
• Get in touch with an experienced attorney from Hancock Injury Attorneys. It may be advisable to speak to a personal injury lawyer if the negotiations are not progressing well or if your injuries are severe. The more your claim's value increases, the sooner we should review your UM/UIM coverage.

What makes experience important when negotiating UM/UIM claims?

UM/UIM claims combine elements of contract law (interpreting the insurance policy) with tort law (proving fault in a car accident). This makes the claims more technical than a typical liability claim; disputes over the interpretation of coverage terms, pre-existing conditions, and the reasonableness and necessity of treatment are common.

Because our lawyers have extensive experience, they can present both medical and financial evidence to secure the highest possible compensation and oppose low offers. Our history of increasing uninsured motorist claims that have initially been set at low amounts gives us an edge when dealing with insurance companies. Insurance adjusters take our demands more seriously when they know that we have taken similar cases to arbitration and won.

If you have any questions about an UM/UIM claim in Tampa or elsewhere in Florida, we can provide a free consultation. During this consultation, we will look over your auto insurance policy, verify your coverage limits, and tell you how much your claim might be worth before you make up your mind. You can get in touch by calling 813-915-1110 to arrange your free consultation.

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