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I was hit from a uninsured motorist, I am using my uninsured motorist suffering from neck an shoulder injury
Anonymous6 views6 answers
I am suffering from neck and shoulder injury and I have completed therapy, my ins co w b contacting me shortly for a settlement, I am concerned if I take a settlement they w cancel me, please advise.
David John GlatthornPersonal Injury LawyerWest Palm Beach, FL ·
The short answer is ,They shouldn't.
Think about it: By definition, you were not at fault or else they wouldn't pay you at all.
Acturially, an insurance company knows that X number of their insureds are going to be in accidents with uninsured drivers in any given year. They can set their rates on that calculation ( although other factors ,like lo-balling to gain market share come into play).
Also in the final analysis, do you want to stay with a company that cancels you if you have a legit claim? Why buy insurance at all?
Finally, although you can represent yourself , you are an amateur negotiating with pros . The statistics show that represented clients generally do better financially.
They won't cancel you for having a not at-fault crash, but they refuse to renew your policy for any reason. No one has to do business with anyone in the USA unless they are discriminating against a protected class. In fact, insurance companies prefer to raise rates for at-fault crashes rather than cancel policies. Canceling a policy generally does not save them money.
The bigger and more important question is this one: why don't you have an attorney? You have no idea about the value of such claims, and the insurance company will pay you less in many circumstances because you don't know how to negotiate the true market value of your injury.
If you have an attorney, then you should ask him these questions, not us. If you don't have one, PLEASE call one of us today so we can help you.
You should not hesitate to use your insurance. You were wise to buy uninsured motorist coverage, you bought it for this type of situation, so use it. You should not be cancelled, but if you are, get a new insurance company.
Beyond that, I recommend that you get a free consultation with a personal injury lawyer. The insurance company has professionals with years of experience - you should even the playing field.
In Louisiana, there is a specific statute that prohibits an insurer from using a no-fault claim to raise rates or to non-renew. Florida may have a similar statute.
