I was hit by an Underinsured Driver, what is my recourse?

If you were hit by an underinsured motorist, please note that you are not out of luck!
The plaintiff is allowed to recover from his or her own auto insurance carrier for the damages sustained in an auto accident with an underinsured driver. You will know when the at-fault driver is underinsured when your third party tort damages exceed the at-fault’s insurance policy limits.

A claimant entitled to underinsured motorist coverage insures himself or herself against at-fault drivers who carry only minimal third-party tort insurance coverage which is the statutory minimum $20,000 for one person/ $40,000 for more than one person when causing serious injury or death.

If this is the scenario, you are entitled to claim underinsured motorist coverage with your own auto insurance carrier! Your insurance carrier will then cover the difference between what is recovered from the at-fault driver’s auto insurance carrier and the policy limits of the underinsured motorist coverage of which you purchased with your policy.

If you were involved in a motor vehicle accident and the at-fault driver has coverage of the statutory minimum, call The Law Offices of Serafini, Michalowski, Derkacz & Associates to ensure that you recover your damages to the fullest amount possible!