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“Well what exactly is the point of having uninsured motorist coverage because these people don’t have licenses and insurance, if you cannot use it? I’m so confused and annoyed. All I know is I am NOT at fault because I did not run a red light, he did. And he had no license and no insurance so what are his consequences? Then I have to fight to get what I’m entitled to? Its ridiculous.”

This is a recent email from a client who was hit by an uninsured motorist. The client was not at fault so why is this a problem?

Any Insurance Company is concerned about the bottom line of profitability. Profits are affected by what is paid out on claims. The insurance industry has spent hundreds of millions influencing the American public to be skeptical of injuries to auto accident victims.

Regardless of whether the attorney is dealing with the “at fault” driver’s insurance or the client’s uninsured motorist coverage, the adjusters are trained to review all questions of liability or damages.

Damages are required to be proven. Injury(s) must be related to the traumatic event. Responsibility must be established as to the legal cause of that event.

For the 37 years of my career the adjuster (or defense lawyer or defense medical examiner later on) mantra has not changed. Our insured was not a fault. If our insured was at fault, your client was also partially responsible. Even if our insured is totally responsible, your client is not hurt. Even if we are totally responsible and he is hurt, he should have healed. If he has not healed then it must be from a previous injury. If not healed and not from a previous injury then it was a preexisting problem. Even if none of those are present, then it is not as bad as he says it is.

It does not matter whether it is your insurance company paying because the other driver was uninsured or under insured. It is about the bottom line.

You should always retain counsel if there is a serious injury or death of a loved one. You should always consult with a personal injury lawyer if you have been involved in a collision and have been hurt.

A victim’s lawyer experienced in handling auto accident cases will protect you and insure that your harms are fairly compensated.

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