Don't Accidentally Give Up Thousands of Dollars in Insurance Benefits: How to Protect Your Underinsured Motorist (UIM) Claim

After a serious car or truck crash, most people assume the at-fault driver's insurance company will pay for their injuries. Unfortunately, that is often not the case.

Medical bills, lost wages, future treatment, and permanent injuries frequently exceed the negligent driver's insurance limits. That's why many Indiana drivers carry Underinsured Motorist (UIM) coverage—to protect themselves when the person who caused the crash doesn't have enough insurance.

What many people don't realize is this: One wrong step during the settlement process can permanently destroy your right to recover UIM benefits. At Guenin Law, we routinely help injured clients preserve these valuable insurance claims while pursuing the compensation they deserve.

What Is Underinsured Motorist Coverage?

Underinsured Motorist coverage is insurance you purchase to protect yourself and your family.

If another driver's insurance is insufficient to fully compensate you for your injuries, your own UIM coverage may provide additional compensation, subject to your policy limits.

For many seriously injured victims, UIM coverage represents the largest available source of recovery.

The Mistake That Can Cost You Everything

Imagine the at-fault driver's insurance company offers to pay its policy limits.

Many people understandably think they should simply accept the offer, sign the release, and move on.

In Indiana, doing so without first protecting your UIM claim can be a devastating mistake.

Most UIM policies require the insurance company to have an opportunity to protect its legal right to seek reimbursement from the at-fault driver. If an injured person settles and releases the negligent driver without following Indiana's statutory procedures or obtaining the insurer's consent when required, the insurance company may argue that the UIM claim has been forfeited. Indiana courts have repeatedly enforced these requirements.

Indiana Law Provides a Way to Preserve Your Claim

Fortunately, Indiana law also provides a clear procedure that allows injured people to accept the at-fault driver's policy limits without giving up their UIM claim.

Generally, before settling, the injured person should:

• Notify the UIM insurance company in writing of the proposed settlement.

• Inform the carrier that the at-fault driver's insurer has offered its policy limits.

• Provide the information required by Indiana law regarding the settlement and liability limits.

• Allow the UIM carrier the statutory opportunity to protect its subrogation rights before the release is signed.

If the UIM insurer does not timely exercise its rights under Indiana law, the injured person can generally proceed with the settlement while preserving the UIM claim.

Timing Matters

These issues often arise at the most stressful point in a case—when the liability insurer is finally offering its policy limits.

At that point, people are understandably eager to receive compensation.

Unfortunately, signing settlement paperwork too quickly can unintentionally jeopardize hundreds of thousands of dollars in additional insurance benefits.

A short delay to properly preserve the claim can make an enormous financial difference.

Every Policy Is Different

Although Indiana law provides important protections, every insurance policy contains its own language and requirements.

Questions frequently arise regarding:

• Whether proper notice was provided;

• Whether the insurer consented to the settlement;

• Whether statutory deadlines were satisfied;

• Whether multiple insurance policies apply;

• How much UIM coverage is available; and

• Whether additional commercial or umbrella policies exist.

These issues can significantly affect the value of a case.

How Guenin Law Can Help

At Guenin Law, we routinely represent individuals who have suffered serious injuries in automobile and trucking collisions.

Our attorneys help clients:

• Identify available insurance.

• Preserve valuable UIM claims before settlement.

• Communicate with liability and UIM insurance companies.

• Maximize available insurance coverage.

• Litigate UIM disputes when insurers improperly deny benefits.

Insurance companies understand these rules well. Injured people should have attorneys who understand them just as well.

Contact Guenin Law Before You Sign Anything

If you've been offered the at-fault driver's policy limits, do not assume your case is over.

You may have substantial additional recovery available through your own Underinsured Motorist coverage—but only if your rights are properly protected.

Before signing a release or accepting a settlement, speak with an attorney who understands Indiana UIM law.

Guenin Law helps injured people throughout Indiana protect their rights, preserve valuable insurance claims, and pursue the full compensation they deserve after serious motor vehicle collisions.