You may have a claim for Uninsured (or “UM”) benefits under your own automobile insurance policy.
If you make a UM claim, your own insurance carrier has the right to use all defenses that the other driver would have against you. Many people mistakenly believe that they will be treated better by their own insurance company; however, this just is not true. Your insurance carrier will be allowed to assert all defenses available to the at-fault driver and will defend the claim as aggressively as any other claim against it. Accordingly, a UM claim creates an adversarial relationship between you and your own insurance carrier. Thus, it may be wise to retain experienced counsel when asserting a UM claim. As can be expected, your own insurance carrier will NOT be looking out for your interests (even though you are its own insured!). Rather, your insurance carrier will be looking for ways to pay out as little money as possible. In the event you do not have UM coverage, you may have no other practical means of obtaining compensation for your injuries. This is why you should always carry UM automobile insurance coverage, preferably with liability insurance limits of at least $300,000.