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Doug Landau
Doug Landau
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How can the insurance company offer LESS than my medical bills ?

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Defendant’s Insurance Company
A truck or car crash often results in medical bills. Those medical bills can pile up and reach large amounts. To make matters worse, recovery isn’t instantaneous. In fact, depending on the severity of the injuries you’ve suffered, recovery can take some time. Yet, when it is time to settle with the Defendant Driver’s motor vehicle insurance company, they will offer less than your medical bills. How is this possible?

Different Coverage in Different States
Some states require insurance companies to provide “excess coverage” under your underinsured motorist (UIM) coverage. Others, however, do not. In those states that don’t have excess coverage, the benefits you receive from your policy are offset by the amount paid for by the other driver’s insurance policy. For example, if you get into an accident and accumulate $30,000 in medical bills and the other driver’s insurance only pays for $15,000, you would need to have $30,000 in UIM coverage in order to obtain the additional $15,000 in benefits.

The situation is different in other states. In those states, UIM coverage is considered "excess coverage" above and beyond what’s paid by the other driver’s insurance. For example, if your total damages are $45,000, the other driver’s insurer pays $30,000, and your UIM limit is $30,000, you would still be entitled to a $15,000 payout from your UIM policy.

The examples described above reveal how difficult it can be to deal with the Defendant’s insurance company. Your situation will differ depending on where you live. However, if possible, you should try and cover yourself by purchasing sufficient UIM coverage. It is also beneficial to seek out an attorney to help you assess your specific case.